Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29381 of 2025 Vinay Kumar Singh State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Manoj Kumar : G.A. Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by State and Supplementary affidavit filed by applicant are taken on record.
Legal Reasoning
2. Heard Sri Manoj Kumar, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 04 of 2025, under Section 7 Prevention of Corruption Act, Police Station- Anti-Corruption, District- Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was Lekhpal and as per allegation, he made demand of bribe from the complainant for submitting report in the case of complainant pending before the S.D.M. concerned and thereafter he was apprehended red handed by trap team while he was receiving bribe of Rs. 10,000/- from him but entire allegation levelled against the applicant is totally false. 5. He further submitted that the alleged case of the complainant was never marked to the applicant and when during investigation a specific query was made by the Investigating Officer from the S.D.M. concerned then S.D.M. concerned gave his reply, which has been annexed at page no. 63 of the paper book and from answer no.3, it reflects, the alleged record of the case of the complainant was along with Revenue Inspector and the record of the said case has never been transmitted to the applicant, therefore, there was absolutely no occasion either for the applicant to make demand of bribe or 2 BAIL No. 29381 of 2025 for the complainant to give bribe to him. 6. He further submitted that however, earlier also applicant has been made accused in two cases but in both the cases after investigation final report has been submitted. 7. He further submitted that investigation of the case has been concluded and charge sheet has been filed against the applicant for the offence under Section 7 P.C. Act and maximum seven years sentence has been provided for the offence under Section 7 P.C. Act and applicant is in jail in the present matter since 16.7.2025 i.e. for last more than two months. 8. He further submitted that therefore, considering the above facts, applicant should be enlarged on bail. 9. Per contra, learned AGA however, opposed the prayer for bail and submitted that applicant was public servant and he made demand of bribe from the complainant and thereafter he was apprehended red handed by trap team while he was receiving bribe money from him but could not dispute the fact that as per complainant, applicant was making demand of bribe to submit report in his case, which was pending before S.D.M. concerned and the same was marked to the applicant to submit report but from page no. 63 of the paper book, which is the reply given by S.D.M. concerned on a specific query made by I.O., it reflects, case of the complainant was never marked to the applicant. 10. He further could not dispute the fact that investigation of the case has already been completed and charge sheet has been filed and applicant is in jail in the present matter for last more than two months and however, earlier he has been made accused in two other cases but in both the cases after investigation final report has been submitted. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was Lekhpal and he made demand of bribe from the complainant to submit report in his case, which was pending in the Court of S.D.M. concerned and thereafter he was apprehended red handed by the trap team but from page no. 63 of the paper book, it reflects, during investigation, Investigating Officer made certain query from the S.D.M. concerned and from the reply of S.D.M. concerned, it 3 BAIL No. 29381 of 2025 reflects, case of the complainant has never been marked to the applicant. Considering this fact, the argument advanced by learned counsel for the applicant that neither applicant was having any occasion to make demand of bribe nor complainant was having any occasion to give bribe to him, cannot be completely ruled out. 13. Further, however, earlier also applicant has been made accused in two cases but in both the cases after investigation final report has been submitted. 14. Further, investigation of the case has been concluded and charge sheet has been filed and applicant is in jail in the present matter since 16.7.2025 i.e. for last more than two months. 15. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive 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-Vinay Kumar 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. 4 BAIL No. 29381 of 2025 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. September 22, 2025 KK Patel (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad