Rizwana Vs State of U.P.

Neutral Citation No. - 2025:AHC:108706

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13513 of 2025

Applicant :- Rizwana Opposite Party :- State of U.P. Counsel for Applicant :- Laxami Pati,Pavan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit field by applicant is taken on record.

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Heard Sri Pavan Kumar, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Sections 7 Prevention of Corruption Act, Police Station- Anti-corruption Gonda, District- Gonda, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was Block Community Process Manager and as per allegation, he made demand of bribe from the complainant, who was Asha Bahu, for clearance of her due stipend and thereafter she was arrested red handed by the trap-team while she was receiving bribe of Rs. 5,000/- from the complainant but entire allegation levelled against the applicant is totally false.

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He further submitted that from perusal of the FIR, it reflects, recovery memo and other documents have not been prepared at spot rather the same have been prepared at police station and this fact casts serious doubt on the entire trap proceedings.

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He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 28.02.2025 i.e. for last almost five months.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant was arrested red handed while she was receiving bribe from the complainant but could not dispute the fact that recovery memo and other documents have not been prepared

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at spot rather these documents have been prepared at police station. He further could not dispute the fact that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 28.02.2025.

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

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However, as per allegation, applicant was Block Community Process Manager and she made demand of bribe from the complainant and thereafter was apprehended red handed by the trap-team while she was receiving bribe from the complainant but it reflects, recovery memo and other documents have not been prepared at spot and these documents have been prepared at police station. Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceedings, cannot be completely ruled out.

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Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 28.02.2025 i.e. for last almost five months.

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Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rizwana 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 8.7.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Rizwana v. State of U.P.

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