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2025 DAILYLAW 154147 (ALL)

RAFEEKUN NISA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/950/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44114 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 950 of 2025 Applicant :- Rafeekun Nisa Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sarvesh Kumar Pandey,Shivam Kumar Mishra,Ujjwal Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed seeking anticipatory bail in case crime No.278/2024, under Section 409 IPC, P.S. Khargupur, District Gonda. From perusal of record, it appears that pursuant to the letter dated 18.10.2024 written by Chief Development Officer, a Joint Inquiry Committee of Lead Bank Officer, Zila Vidyalaya Nirikshak, Gonda and Sahayak Vikas Adhikari, Jhanjhari & Belsar has been constituted. Prima facie, in the inquiry it has been found that the applicant who is the office bearer of Ujala KGN Prerna, Gram Sangathan Lonava Dargah along with two other co-accused persons usurped public money amounting to Rs.30,25,000/-. In view of above, prima facie there appears to be no reason to believe that applicant has been falsely implicated by the State Government or he has been implicated just to injure his reputation. It also appears that on the basis of inquiry report, F.I.R. has been registered. The inquiry committee in its inquiry prima facie found complicity of the applicant along with two co-accused persons hence, it does not appear to be a case of false implication, it is a matter of usurpment of public fund and, therefore, no case for anticipatory bail is made out. The anticipatory bail application is dismissed. Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench