Lokendra Kumar Rathi Vs State of U.P.

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0015 of 2025, under Sections 7 P.C. Act, Police Station Anti Corruption Meerut, District ACO UP during pendency of the trial.

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Learned counsel for applicant submits, applicant was Revenue Inspector and as per allegation for measurement of land of the complainant he made demand of bribe of Rs. 20,000/- from the complainant and thereafter he was apprehended red handed but entire allegation leveled against the applicant is totally false.

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He further submits, even from the FIR it reflects, after the alleged trap applicant has taken to police station and at police station recovery memo was prepared and this fact casts doubt on the trap proceedings.

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He further submits, investigation of the case has been completed and maximum sentence of seven years is provided for offence under Section 7 P.C. Act

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.06.2025 i.e. for last more than three

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BAIL No. 29493 of 2025

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2

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months.

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Per contra, learned AGA opposed the prayer for bail and submits, applicant was public servant and he misused his position and he made demand of bribe from the complainant and thereafter he was apprehended red handed by the trap team but could not dispute the fact that from the FIR it reflects, after the alleged trap applicant has taken to the police station and at police station recovery memo was prepared.

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Learned AGA further could not dispute the fact that investigation of the case has been completed and applicant is not having any criminal history and in the present matter he is in jail since 04.06.2025 i.e. for last more than three months.

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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, being Revenue Inspector (Kaanoongo) applicant made demand of bribe of Rs. 20,000/- from the complainant for measurement of land and thereafter he was apprehended red handed by the trap team but it reflects, after the alleged trap applicant has taken to the police station and at police station recovery memo of the trap was prepared. Considering this fact, the argument advanced by learned counsel for applicant that this fact casts serious doubt on the entire trap proceedings cannot be ruled out at this stage.

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Further, investigation of the case has been completed and maximum seven years sentence is provided for offence under Section 7 P.C. Act.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 04.06.2025 i.e. for last more than three months.

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Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive 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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BAIL No. 29493 of 2025

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3

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Let the applicant - Lokendra Kumar Rathi 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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September 24, 2025 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Lokendra Kumar Rathi v. State of U.P.

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