High Court · 2025

2. Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant submits that on 12.05.2025, a direction was given by this Court to the trial court to frame charges against the accused and record statement of the complainant, however, pursuant to the order passed by this Court charges have been framed against the applicant but due to the reason that court is vacant, till date statement of the complainant could not be recorded. He further submits that this fact is evident from the order-sheet which has been filed along with supplementary affidavit filed today, therefore, the instant bail application may be heard on merits and dispose of.

3. In view of the above, the matter is being heard on merits.

4. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

5. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0016 of 2024, under Section 7, 13(1) B & 13(2) of Prevention of Corruption Act, 1988, Police Station Ante Corruption Branch, Bareilly, District ACO U.P. (Bareilly), during pendency of the trial.

6. Learned counsel for the applicant submits that applicant was Police Sub Inspector and as per allegations, he made a demand of Rs.20,000/- from complainant for the purpose to file report in favour of his brother who was accused in a case and, thereafter, agreed for Rs.10,000/- and was apprehended red handed while he was receiving bribe of Rs.10,000/- from the complainant but entire allegation levelled against the applicant is totally false.

7. He further submits that actually, brother of the complainant had been made accused in the FIR dated 12.06.2024 and applicant was Investigating Officer of the said case and complainant wanted favour from him and when he refused for the same then on the basis of false allegation next day i.e. 13.06.2024, he made a complaint against the applicant that he is demanding bribe and, thereafter, in connivance with trap team, applicant was apprehended while he was allegedly receiving bribe of Rs.15,000/- from complainant. He next submits that investigation of the case has already been completed and charge-sheet has been filed and in the instant matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

8. He further submits that service record of the applicant is unblemished and applicant is not having any previous criminal history

9. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the Police Sub Inspector and he misused his post and made a demand of bribe from the complainant and, thereafter, he was apprehended red handed while he was receiving bribe of Rs.10,000/- from him. He however could not dispute the fact that application was moved by the complainant against the applicant on 13.06.2024 and a day before i.e. 12.06.2024, an FIR against brother of the complainant has been lodged in which applicant was Investigating Officer.

10. Learned AGA further could not dispute the fact that apart from the present case, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, as per allegations, applicant was Sub Inspector in Police and he was Investigating Officer of the case in which brother of the complainant was accused and he made demand of bribery from the complainant to file favourable report in favour of the brother of the complainant and, thereafter, was apprehended red handed by the trap team while he was receiving bribe of Rs.10,000/- from him but it reflects that in the present matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

13. Further, investigation of the case has been completed and charge-sheet has been filed but as the court is vacant, therefore, in spite of the order passed by this Court till date the statement of the complainant could not be recorded and considering the above fact even early disposal of the trial in near future does not appear to be probable.

14. Further, applicant is not having any previous criminal history.

15. Further, the law is settled that unless proven guilty an accused deemed to be innocent and his bail application should not be dismissed for punitive purposes.

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 - Jitendra Singh 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 :- 15.7.2025 S.A. SALMAN AHMAD High Court of Judicature at Allahabad

2. Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant submits that on 12.05.2025, a direction was given by this Court to the trial court to frame charges against the accused and record statement of the complainant, however, pursuant to the order passed by this Court charges have been framed against the applicant but due to the reason that court is vacant, till date statement of the complainant could not be recorded. He further submits that this fact is evident from the order-sheet which has been filed along with supplementary affidavit filed today, therefore, the instant bail application may be heard on merits and dispose of.

3. In view of the above, the matter is being heard on merits.

4. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

5. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0016 of 2024, under Section 7, 13(1) B & 13(2) of Prevention of Corruption Act, 1988, Police Station Ante Corruption Branch, Bareilly, District ACO U.P. (Bareilly), during pendency of the trial.

6. Learned counsel for the applicant submits that applicant was Police Sub Inspector and as per allegations, he made a demand of Rs.20,000/- from complainant for the purpose to file report in favour of his brother who was accused in a case and, thereafter, agreed for Rs.10,000/- and was apprehended red handed while he was receiving bribe of Rs.10,000/- from the complainant but entire allegation levelled against the applicant is totally false.

7. He further submits that actually, brother of the complainant had been made accused in the FIR dated 12.06.2024 and applicant was Investigating Officer of the said case and complainant wanted favour from him and when he refused for the same then on the basis of false allegation next day i.e. 13.06.2024, he made a complaint against the applicant that he is demanding bribe and, thereafter, in connivance with trap team, applicant was apprehended while he was allegedly receiving bribe of Rs.15,000/- from complainant. He next submits that investigation of the case has already been completed and charge-sheet has been filed and in the instant matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

8. He further submits that service record of the applicant is unblemished and applicant is not having any previous criminal history

9. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the Police Sub Inspector and he misused his post and made a demand of bribe from the complainant and, thereafter, he was apprehended red handed while he was receiving bribe of Rs.10,000/- from him. He however could not dispute the fact that application was moved by the complainant against the applicant on 13.06.2024 and a day before i.e. 12.06.2024, an FIR against brother of the complainant has been lodged in which applicant was Investigating Officer.

10. Learned AGA further could not dispute the fact that apart from the present case, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, as per allegations, applicant was Sub Inspector in Police and he was Investigating Officer of the case in which brother of the complainant was accused and he made demand of bribery from the complainant to file favourable report in favour of the brother of the complainant and, thereafter, was apprehended red handed by the trap team while he was receiving bribe of Rs.10,000/- from him but it reflects that in the present matter, applicant is in jail since 15.06.2024 i.e. for last more than a year.

13. Further, investigation of the case has been completed and charge-sheet has been filed but as the court is vacant, therefore, in spite of the order passed by this Court till date the statement of the complainant could not be recorded and considering the above fact even early disposal of the trial in near future does not appear to be probable.

14. Further, applicant is not having any previous criminal history.

15. Further, the law is settled that unless proven guilty an accused deemed to be innocent and his bail application should not be dismissed for punitive purposes.

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 - Jitendra Singh 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 :- 15.7.2025 S.A. SALMAN AHMAD High Court of Judicature at Allahabad