The main legal point established in the judgment is the presumption of innocence, the general rule of granting bail, and the balance between individual liberty and societal interest in non-bailable offences under the Prevention of Corruption Act.

ORDER :

1. Applicant/accused has sought indulgence of this Court for grant of bail in FIR No. RC-0042022A0007 dated 11.05.2022 registered with Police Station CBI, ACB, Jammu for commission of offences under section 7 of Prevention of Corruption Act, 1988 r/w 120-B IPC on the grounds that he is a Plant Protection Officer in Agriculture Department, J&K Government and is presently posted in Directorate Office of Agriculture Department, Goli Pulli, Jammu; that he is also licensing authority under Pesticide Act for issuing license to the persons dealing in pesticides; that the complainant is pesticide supplier and has already been issued license for selling pesticides for some items and the petitioner told the complainant the formalities required in this regard and told him to complete all the formalities; that the complainant has been insisting that the petitioner should grant him permission without his completing the required formalities which was declined by the petitioner; that the complainant mala-fide and irked filed a false and fabricated complaint alleged before the respondent that the petitioner is demanding bribe under Prevention of Corruption Act; that the petitioner never demanded any bribe from the complainant yet the respondent along with the complainant came to the office of the petitioner and the complainant forcibly threshed something into the pocket of the petitioner and when the petitioner checked his pocket as to what has been threshed by the complainant in his pocket, the trap team of the respondent caught hold of the petitioner and immersed his hands in the solution and the petitioner has been arrested in on 11.05.2022 and is in custody of the respondent; that there is no evidence against the petitioner with respect to demand of bribe by him; that during the course of the proceedings of the application it was revealed that the complainant wanted to include 24-25 more items in his license and the accused was demanding Rs. 12,000/- from him; that the government has formulated a policy of ease of doing business reform, under these reforms any license fee has to be deposited online. The Deputy Director Central Agriculture Production Jammu vide his letter No. Agri/DAJ/Dev-30/2022-23/118-21 dated 06.04.2022 intimated Director Industries and Commerce in the requirement of J&K Bank credit account number to settle amount in treasury head 0410-CH under EODB. This letter was issued in pursuance to the circular No. 07-JK (GAD) of 2022 dated 28.01.2022 issued by Principal Secretary to Govt. GAD. The Principal Secretary to Govt. Agriculture Productions and Formers Welfare Department vide Govt. Order dated 208-JK (Agri) of 2021 dated 02.12.2021 accorded sanction for providing end to end registration and renewal process of services in online mode wherein registration for pesticide is also one of the services. From the date of regular circular the acceptance of license fee through treasury is unacceptable. The portal of the department was not functioning as it evident from letter dated 06.04.2022 issued by Deputy Director and FW Jammu; that the proposed fee scheduled under ease of doing business provides that for one time license fee is Rs. 7,500/- and inclusion of each products requires additional fee of Rs. 500/-. As stated above the portal of the department was not functioning, therefore, the official of the department were informing the applicants that they can pay the amount in cash in the office and when the portal become functional the same will be deposited online; that the complainant mala-fide lodged complaint that the official of the department are demanding bribe of Rs. 12,000/-. The respondent on the said complaint, constituted a trap laying team and tracked the petitioner on 12.05.2022 and arrested the accused; that the petitioner filed a bail application before the learned Special Judge Anti-Corruption, CBI Cases Jammu who vide its order dated 24.05.2022 dismissed the bail application on the ground that the state