Neutral Citation No. - 2025:AHC-LKO:43484 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6863 of 2025 Applicant :- Ajay Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nadeem Murtaza,Snigdha Singh,Wali Nawaz Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.39 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2), 316(5), BNS, 2023, Police Station Pachpedwa, District Balrampur. In the prosecution case, it is alleged that under the MGNREGA scheme, renovation work was shown to have been carried out on ponds in Village Vishunpur Tantanwa, Block Pachpedwa, where an amount of Rs.58,34,466/- was falsely shown as expenditure towards construction and beautification of ponds near Dr. Ayub’s field and near the canal. It is further alleged that the ponds remained filled with water throughout the year, making any such work impossible. The inquiry revealed misuse of government funds through fake records, false attendance, and fabricated measurements. Learned counsel for the applicant submits that the applicant is innocent and has no criminal antecedents. It is stated that, as per the F.I.R. itself, the allegation pertains to payment made after November 2024 for the renovation work of three ponds, and the accusation relates to misappropriation of public funds. It is further submitted that the applicant had already been transferred on 30.06.2024 and was relieved from the post of Gram Panchayat Adhikari on 31.07.2024, and therefore, he has no connection with the alleged transactions. It is also contended that, under the MGNREGA scheme, the competent authority to conduct inquiry is the Ombudsman, who is already seized with the present matter. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that approval for the aforesaid work was given by the applicant. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal antecedents, the offence is triable by a Magistrate, and taking into account the applicant’s transfer and relieving orders, as well as the fact that the applicant is in jail since 18.06.2025, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Ajay Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 28.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench