Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, evidence, allegations made, complicity of accused, coupled with the fact that the applicant is a Class III employee working on the post of Junior Engineer in Pashchimanchal Vidyut Vitran Nigam, the trapped amount being only Rs. 16,000/-, as per the averments made in paragraph 15 of the affidavit which fact has not been contradicted by the learned A.G.A., the job assigned to the applicant was only to submit the estimate of the tube well to be installed, on the request of the complainant. The said estimate having been submitted by the applicant on 13.2.2023, the affidavit was submitted by the complainant for the purpose of installing the tube well before electricity department only on 25.2.2023, the trap having been laid on 24.2.2023, prima facie the demand which is quintessence for an offence under Section 7 of the Prevention of Corruption Act having not been satisfied, the judgmenta of the Supreme Court that mere possession of money does not constitute an offence under Section 13 of the Prevention of Corruption Act, the clean antecedents of applicant and also the fact that no such circumstance has been pointed out by the learned A.G.A. necessitating custodial arrest of applicant during the course of trial, the applicant has made out a case for bail.
