PC Act| Washing Hands Of Complainant And Accused, Sealing Of Bribe At Spot Necessary For Sanctity Of Trap Proceedings: Allahabad High Court

The Allahabad High Court has ordered that directions be issued to Police Officials to get the hands of the complainant and accused washed in trap cases and the proceeds of the bribe sealed on the spot in corruption cases.

The Court was considering a Bail Application filed in a case registered under Section 7 of the Prevention of Corruption Act, 1988.

The Bench of Justice Sameer Jain held, "Before parting, it is pertinent to mention that investigation of the cases relating to Prevention of Corruption Act are being conducted in most casual manner. In most of the cases, neither the hands of the accused and the complainant are being washed at spot where trap was made nor even the recovered bribe money is being sealed at the place of Trap though for sanctity of the trap proceedings these proceedings should be conducted at the spot where trap was made. Therefore, it is directed that Principal Secretary (Home) Government of Uttar Pradesh as well as DGP Government of U.P. shall look into the matter and issue necessary directions in this regard."

The Applicant was represented by Advocate Anil Kumar Verma while the Respondent was represented by Government Advocate.

Counsel for the Applicant had submitted that Applicant was posted as Labour Enforcement Officer and as per allegation, to settle the claim of complainant he made demand of bribe of Rs. Fifteen Thousand from him and he was also apprehended red handed by Trap Team and even bribe money was also recovered from his possession, but entire allegations levelled against the Applicant are totally false. 

Before the complaint was moved, the Applicant had already filed an Application before Deputy Labour Commissioner that some officers/employees posted in his office are hatching conspiracy against him.

It was one of their submission that after the alleged trap, the Applicant was taken to the Police Station, and at Police Station, hands of the Applicant and Complainant were washed and at Police Station, the alleged recovered bribe money was sealed and even at Police Station recovery memo of alleged trap was prepared and these facts cast serious doubt on the entire trap proceedings. 

The Court found that a case for bail is made out and also ordered for direction to ensure on-spot washing of hands and sealing of bribe proceedings to keep the sanctity of process.

The Application was accordingly allowed.

Cause Title: Suresh Prakash Gautam v. State of U.P. (2025:AHC:215505)

Appearances:

Applicant- Advocate Anil Kumar Verma, Advocate Raghuvansh Misra

Respondent- Government Advocate

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