Neutral Citation No. - 2025:AHC:137332 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37837 of 2024 Applicant :- Mithlesh Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Adwait Prakash Ojha,Amit Kumar Sharma,Anurag Dubey,Gyanendra Kumar Mishra,Manu Sharma,Ramesh Kumar Mishra,Shailendra Singh Counsel for Opposite Party :- Dheeraj Kumar Tiwari,G.A.,Javed Alam Hon'ble Sameer Jain,J. 1. Heard Sri Anurag Dubey, learned counsel for the applicant and Sri Javed Alam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 347 of 2017, under Sections 408, 409, 217, 218, 419, 420, 467, 468, 506, 120B IPC and section 7/13(1) of The Prevention of Corruption Act, Police Station Ghoorpur, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged in the year 2017 through an application moved under section 156(3) Cr.P.C. with regard to the alleged misappropriation committed by the applicant in the year 2011. 4. He further submitted that as per allegation applicant was clerk and he received the cheque and used the cheque as bearer cheque and misappropriated Rs. Five lacs thirty seven thousand four hundred which was government money but entire allegation levelled against the applicant is totally false. 5. He further submitted that during departmental inqury applicant was found guilty and he was directed to pay entire embezelled amount and pursuant to the order passed in the departmental inquiry, he had already repay the entire embezelled amount and this fact is evident from page-63 of the paper book. 6. He further submitted that during investigation, applicant was not arrested and without his arrest charge sheet has been filed and there is no allegation that he was either absconder or he did not co- operate with the investigation. 7. He further submitted that after submission of the charge sheet applicant was arrested on 21.9.2024 and since then he is in jail. 8. He further submitted that therefore, considering the above facts applicant should be enlarged on bail. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the record it is apparent that applicant committed huge fraud of more than Rs. Five lacs of government exchequer but they could not dispute the fact that applicant has already deposited the entire embezelled amount and during investigation though he fully cooperated with the investigation but Investigating Officer did not arrest him. 10. They further could not dispute the fact that applicant is not having any previous criminal history and in the present matter he is in jail for last 11 months. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation being clerk in government department applicant misused his position as public servant and embezelled public amount of more than Rs. Five lacs but it reflects entire embezelled amount has been deposited by the applicant. 13. Further, FIR of the present case was lodged through an application under section 156(3) Cr.P.C. in the year 2017 with regard to the alleged misappropriation committed by the applicant in the year 2011. 14. Further, record also shows that during investigation applicant was not arrested, however, he fully co-operated with the investigation and it appears after submission of the charge sheet, he was arrested. 15. Further, applicant is not having any criminal history and in the present matter, he is in jail since 21.9.2024 i.e. for last 11 months. 16. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Mithlesh Kumar Mishra, 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. 20. 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. 21. 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 :- 12.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad