Neutral Citation No. - 2025:AHC-LKO:44059 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7011 of 2025 Applicant :- Girija Shankar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Sanjay Kumar Singh,Pankaj Kumar,Shakshi Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that under the MGNREGA scheme, renovation work was falsely shown to have been carried out on ponds located in Village Vishunpur Tantanwa, Block Pachpedwa. An amount of Rs. 58,34,466/- was allegedly misappropriated in the name of construction and beautification of ponds near Dr. Ayub's field and adjacent to the canal. It is further alleged that the said ponds remain filled with water throughout the year, making the execution of such work practically impossible. The inquiry revealed misuse of government funds through fabricated records, forged attendance sheets, and manipulated measurement entries. Learned counsel for the applicant submits that the applicant is innocent and has no criminal antecedents. Co-accused Ajay Yadav has already been granted bail vide order dated 28.07.2025, passed in Criminal Misc. Bail Application No. 6863 of 2025. It is also submitted that under the MGNREGA scheme, the competent authority to investigate such matters is the Ombudsman, who is currently seized of the inquiry relating to the subject matter of the FIR. No final decision has yet been rendered by the Ombudsman. The FIR was registered in haste, without awaiting the outcome of the said proceedings. The alleged offences are triable by a Magistrate. The applicant is in judicial custody since 19.06.2025 and has no prior criminal history. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the bail granted to co-accused Ajay Yadav, the pendency of proceedings before the Ombudsman, the fact that the offences are triable by a Magistrate, and the applicant is in custody since 19.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Let the applicant Girija Shankar involved 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, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 30.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench