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2025 DAILYLAW 162881 (ALL)

SANTOSH KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8475/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8475 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Chandra Bhushan, learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.529 of 2018 under Sections 409/419/420/467/468/471 of I.P.C. registered at Police Station- Raniganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.12.2018 against five persons, including the applicant, stating that an inspection was conducted regarding latrines constructed under MGNREGA Scheme whereupon it was found that Rs.7,56,000/- were paid to M/s Laxmi and Traders without supply of any material for constructing 72 latrines. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is working as a Computer Operator and he has been falsely implicated in the present case and he has no criminal history. 5. Learned A.G.A. has vehemently opposed the bail application and she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on25.07.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant, being a computer operator, had no authority to sanction the payment and that he has no criminal history and he is languishing in jail since Versus Counsel for Applicant(s) : Chandra Bhushan Counsel for Opposite Party(s) : G.A. Santosh Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 23.07.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Santosh Kumar Tiwari be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 8, 2025 -Amit K- BAIL No. 8475 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench