The main legal point established in the judgment is the presumption of innocence until proven guilty, the need to balance competing factors while granting bail, and the consideration of various principles related to bail, including the nature of accusations, severity of punishment, and character of the accused.

JUDGMENT

Sandeep Sharma, J. - Bail petitioner, Deepak Chaudhary, who is behind bars since 29.4.2021, has approached this Court for grant of regular bail in FIR No. 1, dated 29.4.2021, under S.7 of the Prevention of Corruption Act, registered at State Vigilance and Anti Corruption Bureau, Solan, Himachal Pradesh.

2. Status report filed in terms of order dated 6.5.2021, reveals that on 29.4.2021, police received a complaint from one Ramesh Kumar that the present bail petitioner demanded bribe of Rs.40,000/- for clearing his final bills. Police, after having received aforesaid complaint, laid a trap and allegedly caught the bail petitioner read handed receiving bribe of Rs.40,000/- from the complainant, Ramesh Kumar. Since no plausible explanation came to be rendered on record by the bail petitioner qua receipt of Rs.40,000/- from the complainant, FIR detailed herein above, came to be lodged against him on 29.4.2021 and since then, he is behind the bars. Since the investigation in the case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings, for grant of regular bail.

3. Mr. Kunal Thakur, learned Deputy Advocate General, while fairly acknowledging the factum with regard to completion of investigation, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of the offence alleged to have been committed by the bail petitioner, he does not deserve any leniency. While making this court peruse the status report, Learned Deputy Advocate General submits that there is overwhelming evidence available on record suggestive of the fact that on the date of alleged incident, bail petitioner not only demanded bribe but also received Rs.40,000/- from the complainant, that too, for clearing final bills of the complainant, Ramesh Kumar, as such, he does not deserve any leniency. Lastly, Learned Deputy Advocate General submits that the Challan is yet to be filed in the competent Court of law, as such, it would not be in the interest of justice to enlarge the bail petitioner on bail, who in the event of being enlarged on bail, may not only flee from justice but may also tamper with prosecution evidence, as such, his prayer for grant of bail, deserves outright rejection.

4. Having heard learned counsel for the parties and perused the material available on record, though this Court finds that on 304.2021, bail petitioner came to be caught redhanded while accepting bribe from the complainant, as such, it cannot be said that he has been implicated falsely, however, prayer made on behalf of the bail petitioner deserves to be considered for the reason that nothing remains to be recovered from the bail petitioner, who otherwise is in judicial custody. Though, Challan in the case at hand, is yet to be filed but investigation is complete and nothing remains to be recovered from the bail petitioner, as such, no fruitful purpose would be served by keeping the bail petitioner behind the bars for an indefinite period during trial.

5. Hon'ble Apex Court and this Court in a catena of cases have repeatedly held that one is deemed to be innocent, till the time, he/she is proved guilty in accordance with law. In the case at hand, complicity, if any, of the bail petitioner is yet to be established on record by the investigating agency, as such, this Court sees no reason to let the bail petitioner incarcerate in jail for an indefinite period during trial, especially when nothing remains to be recovered from him. Otherwise also, bail petitioner on account of registration of FIR in question stands placed under suspension and further he is a local resident of the area, as such, shall remain available for investigation/trial. Apprehension expressed by learned Deputy Advocate General, that in the event of being enlarged on bail, bail petitioner may flee from justice or indulge in such offences again, can be best met by putting the bail petitioner t