Neutral Citation No. - 2025:AHC:142479 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36457 of 2024 Applicant :- Jitendra Modanwal Opposite Party :- State of U.P. Counsel for Applicant :- Deena Nath,Deepak Kumar,Dhirendra Kumar Srivastava,Himanshu Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Deena Nath and Sri D.K. Srivastava, learned counsels for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2024, under Sections 318(4), 338, 336(2), 61(2), 315(5) B.N.S. and Section 7/13 P.C. Act, Police Station Saidpur, District Ghazipur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is also named in the FIR along with others and as per allegation he used to withdraw the money through cheque which was given by co-accused Mohammad Shakeel Ahmad, the Clerk in Tehsil, therefore, he also involved in the commission of alleged offence but entire allegation leveled against the applicant is totally false. 4. He further submits, applicant is a poor Tea maker and his Tea stall was outside the Tehsil and co-accused Mohammad Shakeel Ahmad provides cheque to him which he used to deposit in his account and thereafter returned the money to him and therefore entire allegation leveled against him is totally false. 5. He further submits, as per prosecution, Rs. 2,59,650/- were transferred in the account of applicant but applicant was not aware that this money was part of embezzled public fund. 6. He next submits, even co-accused Mohammad Shakeel Ahmad has been released on bail by this Court vide order dated 23.07.2025 in Criminal Misc. Bail Application No. 25197 of 2025. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.08.2024 i.e. for last more than a year. 8. Per contra, learned AGA opposed the prayer for bail and submits, it is a case in which applicant and other accused along with co-accused Mohammad Shakeel Ahmad misappropriated the huge public fund and Rs. 2,59,650/- were also found in the account of the applicant and applicant failed to provide any cogent explanation of this money but could not dispute the fact that co- accused Mohammad Shakeel Ahmad has been released on bail. Learned AGA further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail for last more than a year. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, prima facie it appears to be a case of misappropriation of the huge public fund and applicant was although Tea maker but as per allegation he along with other accused including Mohammad Shakeel Ahmad, the Clerk in Tehsil involved in the present crime and Rs. 2,59,650/- were also found in his account which was part of the embezzled public fund but it reflects, co-accused Mohammad Shakeel Ahmad has already been released on bail by this Court. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.08.2024 i.e. for last more than a year. 12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Jitendra Modanwal 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. 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. 17. 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. Order Date :- 20.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad