Allowed¶27

Abhishek Swami v. Central Bureau of Investigation and Another

Allahabad HC6 Nov 2025BAIL/38821/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Sameer Jain, J., BAIL No. 38821 of 2025 (decided 19.11.2025): bail allowed to private person Abhishek Swami in CBI RC No.1202025A0007 under S.61(2) BNS and Sections 7 & 7A PC Act; no bribe demand by applicant; receipt of Rs. 6,000 at behest of co-accused CGST Inspector Vivek Kumar Singh already granted bail; no criminal history; custody since 8.4.2025; bail not punitive/preventive.

What did the court decide?

Applicant Abhishek Swami to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (attendance before trial court; no inducement, threat, promise or tampering with evidence; no criminal or anti-social activity); prosecution at liberty to move for cancellation on breach of any condition. ¶27

Abhishek Swami vs Central Bureau of Investigation and Another — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Abhishek Swami is entitled to be released on bail during pendency of trial in R.C.No.1202025A0007 (S.61(2) BNS; Sections 7 and 7A Prevention of Corruption Act).

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Ratio / Principle

As per the allegation, the applicant received the bribe money of Rs. Six Thousand and was apprehended red-handed, but the record reflects that he himself made no demand of bribe; he received the money at the behest of co-accused Vivek Kumar Singh, who made the demand.

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Key takeaways

Parity ground: co-accused Vivek Kumar Singh, the alleged principal accused (public servant, Inspector CGST Department), has already been released on bail by this Court.ratio¶20
The applicant has no previous criminal history and has been in jail since 8.4.2025, i.e., for more than seven months.ratio¶21
Applied principle: unless proven guilty an accused is deemed innocent, and a bail application should not be dismissed either for punitive or preventive purposes.

Detailed headnote1 paragraphs

BAIL GRANTED — CBI trap/bribery case (R.C.No.1202025A0007; S.61(2) BNS; Sections 7 & 7A Prevention of Corruption Act; PS CBI/ACB Ghaziabad) — applicant, a private person, allegedly received Rs. 6,000 bribe money from the complainant and was apprehended red-handed, but record shows he made no demand; money passed at the behest of co-accused Vivek Kumar Singh, Inspector CGST Department, who made the demand and is the principal accused — co-accused already released on bail by the same Court by detailed and reasoned order (parity) — applicant has no previous criminal history and was in custody since 08.04.2025 (over seven months) — accused deemed innocent unless proven guilty; bail not to be dismissed for punitive or preventive purposes — bail allowed without expressing opinion on merits, on personal bond and two sureties, with conditions; liberty to prosecute to seek cancellation on breach; observations confined to bail disposal and of no bearing on trial.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38821 of 2025

Abhishek Swami

.....Applicant(s)

Versus

Central Bureau Of Investigation And Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajesh Kumar Tiwari
Counsel for Opposite Party(s)	: Rahul Srivastava, G.A.

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Court No. - 73

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HON'BLE SAMEER JAIN, J.

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Counter affidavit filed by CBI is taken on record.

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Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel appearing on behalf of CBI.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in R.C.No.1202025A0007, under Section 61(2) BNS and Sections 7 and 7A Prevention of Corruption Act, Substantive Offences under Section 7A Prevention of Corruption Act, Police Station CBI,ACB, Ghaziabad, District Ghaziabad during pendency of the trial.

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Learned counsel for the applicant submits that applicant is a private person and as per allegation on the instigation of co-accused Vivek Kumar Singh, Inspector CGST Department, he received bribe of Rs. Six Thousand from the complainant and he was allegedly arrested at spot but from the entire material available on record it reflects that Vivek Kumar Singh, was the principal accused,who was public servant and with a very detailed and reasoned order he has been released on bail by this Court and his bail order has been annexed at page 139 of the paper book.

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He further submits that even applicant himself did not make any demand of bribe from the complainant and as per allegation when coaccused Vivek Kumar Singh made demand of bribe from him then he instructed him to meet with the applicant and, therefore, co-accused Vivek Kumar Singh appears to be principal accused.

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BAIL No. 38821 of 2025

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 8.4.2025, i.e., for the last more than seven months.

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Per contra, learned counsel appearing for the CBI opposed the prayer for bail and submits that applicant was the person, who received bribe money from the complainant and even bribe money was also recovered from his possession but he could not dispute the fact that applicant is a private person and he acted on behalf of co-accused Vivek Kumar Singh, who was Inspector in CGST Department and co-accused Vivek Kumar Singh has been released on bail by this Court.

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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 received bribe money of Rs. Six Thousand from the complainant and bribe money was also recovered from his possession and he was also apprehended red handed by CBI Team but it reflects that he himself did not make any demand of brie from the complainant and it appears that applicant at the behest of co-accused Vivek Kumar Singh,who made demand of bribe, received the bribe money.

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Further, co-accused Vivek Kumar Singh with a very detailed and reasoned order has already been released on bail by this Court.

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Further, applicant is not having any previous criminal history and in the present matter he is in jail since 8.4.2025, i.e., for the last more than seven months.

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Further, law is settled that 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 purposes.

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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. 38821 of 2025

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Let the applicant- Abhishek Swami 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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(Sameer Jain,J.)

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November 19, 2025

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SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Abhishek Swami v. Central Bureau of Investigation and Another

Case brief

What is this about?

What did the court decide?

Abhishek Swami v. Central Bureau of Investigation and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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