Neutral Citation No. - 2025:AHC:122583 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46869 of 2024 Applicant :- Rajeev Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- R.V. Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri R.V. Pandey and Sri Supriy Mishra, learned counsels for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 87 of 2017, under Sections 420, 467, 468, 471, 477-A, 120-B IPC & Section 13(1)(d) and 13(2) Prevention of Corruption Act, 1988, Police Station- Firozabad North, District- Firozabad, during pendency of the trial in the court below. 4. Learned counsels for the applicant submitted that as per allegation , applicant with the connivance of the officials of Education Department got appointment of assistant teacher by making forgery in his marks obtained in graduation but entire allegation levelled against the applicant is totally false. 5. They further submitted that even the alleged forgery allegedly committed by the applicant in the year 1997 and FIR was lodged in the year 2017 i.e. after 20 years. They further submitted that applicant neither committed any fraud nor cheating and he was doing the job of assistant teacher in basic education department for last 20 years and there was no complaint against him till 2017 and suddenly after two decades FIR of the present case was lodged. 6. They further submitted that investigation of the case has already been completed and applicant is not having any other criminal history and he is in jail in the present matter since 22.11.2024 i.e. for last eight months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant by playing fraud got the job of assistant teacher but could not dispute the fact that the alleged fraud was committed by him in the year 1997 and FIR was lodged in the year 2017 i.e. after two decades. He further could not dispute the fact that applicant is not having any other criminal history and in the present matter, he is in jail since 22.11.2024 i.e. for last eight months. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation, applicant obtained the job of assistant teacher in education department by fraud but it reflects, the alleged fraud was committed by the applicant in the year 1997 while FIR was lodged in the year 2017 i.e. after 2 decades. 10. Further, applicant is not having any other criminal history and in the present matter, he is in jail since 22.11.2024 i.e. for last eight months. 11. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Rajeev Diwakar 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. 15. 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. 16. 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 :- 24.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad