Allahabad High Court
PARMESHVEERversusSTATE OF U.P.
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court held that the applicant had made out a case for bail and granted the bail application.
Summary
Parmeshveer, a government Lekhpal, was arrested after a trap team recovered Rs.20,000 of a demanded Rs.40,000 in a consolidation proceeding. He is charged under Section 7 of the Prevention of Corruption Act, 1988, with a maximum penalty of seven years, and has been in custody since 18 July 2026. The applicant pleaded that he has no prior criminal record, poses no flight risk, and will not tamper with evidence or intimidate witnesses if released on bail. The State opposed bail but did not produce any material indicating a risk of witness intimidation, evidence tampering, or public interest concerns. The court examined the statutory presumption of innocence, the absence of any adverse facts, and concluded that the applicant had satisfied the criteria for bail. Accordingly, the bail application was allowed subject to standard conditions.
Issues considered
- Whether the accused is entitled to bail under Section 7 of the Prevention of Corruption Act, 1988.
- Whether there is any material indicating a risk of flight, witness intimidation, or tampering with evidence.
- Whether the public interest or the interest of the State opposes the grant of bail.
Legislation cited
Subjects
- bail
- Prevention of Corruption Act
- Section 7
- flight risk
- witness tampering
- criminal procedure
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33114 of 2026
Parmeshveer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Surat Shukla, Vivek Kumar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Learned A.G.A. for the State submits that instructions have been
received and has no objection in case the bail application is heard on
merits.
2. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
3. It is submitted by learned counsel for the applicant that applicant was
working on the post of Lekhpal and it is alleged that after consolidation
proceedings Rs.40,000/- was demanded. Subsequently trap team was
constituted and applicant has been apprehended with Rs.20,000/-.
Maximum punishment provided is seven years. The applicant has no
previous criminal history. Applicant is languishing in jail since 18.7.2026
and in case he is released on bail, he will not misuse the liberty of bail and
will cooperate in the trial.
4. Learned A.G.A. for the State opposed the prayer for bail but does not
dispute factual matrix of the case.
5. Learned AGA for the State has not brought any fact or circumstances to
indicate criminal history or antecedents of the applicant which would
disentitle the applicant for Bail.
6. It is not the case of the State that there is a possibility of interdicting
fair trial by the accused-applicant if released on bail. No material has been
BAIL No. 33114 of 2026
2
shown that the Applicant is of such character that his mere presence at
large would intimidate the witnesses or there is any material to show that
applicant will use his liberty to subvert justice or tamper with the
evidence.
7. The object of the bail is to secure the attendance of the accused, the
detention of the accused pending trial cannot be punitive in nature as there
is presumption of innocence in favour of the accused person. Learned
A.G.A. has not brought any facts and circumstances to demonstrate that
the character of the accused-applicant (s) is such that his mere presence at
large would intimidate the witness.
8. Learned A.G.A. has not placed any reasonable apprehension of the
witnesses being tampered with, the larger interest of the public/State will
be at peril in case the Applicant is released on bail.
9. It is not the case of the State that the applicant has been convicted for
any offence on previous occasion.
10. No material has been placed by the opposite party that the Applicant
in the past has attempted to evade the process of law. Further, no material
facts and circumstances have been placed to show that it is not in public
interest or interest of society at large to release the applicant on bail.
11. No material has been shown to suggest that the applicant is at flight
risk, has chance of repeating the offence, or intimidating the witness if
enlarged on bail.
12. Considering the facts and circumstances of the case, nature of offence,
evidence, complicity of the accused, submissions of learned counsel for
the parties and without expressing any opinion on the merits of the case,
the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
13. Let the applicant Parmeshveer involved in Case Crime No.10 of
2026, under Section 7 Prevention of Corruption Act, 1988, Police Station
Anti Corruption Sharanpur, District Saharanpur be released on bail on
furnishing a personal bond and two sureties each in the like amount to the
BAIL No. 33114 of 2026
3
satisfaction of the court concerned subject to the following conditions:-
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted and/or the applicant shall make
himself available for interrogation by a police officer as and when
required.
iv. The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
v. The applicant shall not directly or indirectly make any 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 to any police
officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of
the Court.
vii. In the event, the applicant changes residential address, the applicant
shall inform the court concerned about new residential address in writing.
14. In case of breach of any of the above condition, the prosecution shall
be at liberty to move bail cancellation application before this Court.
(Vikram D. Chauhan,J.)
September 23, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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