High Court
Case Details
Court No. - 82 Neutral Citation No. - 2025:AHC:124840 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25910 of 2025 Applicant :- Durga Prasad Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sumit Goyal, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.03 of 2025, converted Case Crime No. 04 of 2025, under Section 7 Prevention of Corruption Act, 1988, Police Station Sadar Bazar Saharanpur/ACO, Saharanpur during pendency of the trial.
Legal Reasoning
3. Learned counsel for the applicant submits that as per allegation applicant was posted as Amin in Tehsil and he made demand of bribe from the complainant to execute the order of the Tehsildar and thereafter he was apprehended red handed by Trap Team while he was receiving bribe of Rs. Five Thousand from him but entire allegation levelled against the applicant is totally false. 4. He further submits that even from the FIR it reflects that although alleged trap was conducted at the premises of Tehsil but proceedings of trap including washing of hands and preparation of recovery memo etc. have not been conducted at the Tehsil where trap was made and the same was conducted at Police Station Sadar Bazar, Saharanpur which was about 20 Km. away from the place of alleged trap and this fact casts serious doubt on the entire proceedings of trap. 5. He further submits that applicant neither made any demand of bribe nor he received bribe as alleged and as complainant was pressurizing him to submit report in his favour illegally and when he refused then he implicated the applicant in the present matter with the connivance of Trap Team. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 28.4.2025, i.e., for the last more than three months and the investigation of the case has already been concluded. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant was not only made demand of bribe but he was also apprehended red handed by the Trap Team while he was receiving bribe from the complainant, therefore, it can not be said that he is innocent and entire trap proceedings cannot be completely brushed aside at this stage. 8. He however could not dispute the fact that although alleged trap was conducted in the premises of Tehsil but proceedings of the trap after arrest of the applicant have not been conducted in premises of Tehsil. He further could not dispute the fact that even washing of the hands of the applicant has not been made at the place where trap was made. He also could not dispute recovery memo of the trap proceedings has also not been prepared at spot and after alleged trap all the above proceedings have been conducted at Police Station. 9. He further could not dispute the fact that applicant is not having any previous criminal history and investigation of the case has been concluded and charge sheet has been filed in the present matter and he is in jail for the last more than three months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant was posted as Amin in Tehsil and he made demand of bribe of Rs. Five Thousand from the complainant and he was apprehended red handed by the Trap Team while he was receiving bribe from him but it reflects that the alleged trap was made although in the premises of Tehsil but his hands have not been washed at the place of trap and the same were washed at the Police Station after taking him to Police Station. 12. Record also suggests that even recovery memo and other documents were also not prepared at spot where trap was allegedly made and these documents were also prepared at Police Station. 13. Further, it also reflects that distance of Police Station from the place of alleged trap was about 20 Km. Considering all these facts, this Court finds merit in the argument advanced by the learned counsel for the applicant that these facts cast serious doubt of the entire trap proceedings. 14. Further, applicant is not having any previous criminal history to his credit and charge sheet in the present matter has been filed and he is in jail in the present matter since 28.4.2025, i.e., for the last more than three months. 15. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Durga Prasad Kapil be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 29.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad