MANOJ KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8631/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163945 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8631 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Pranjal Jain, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0045 of 2021, under Sections 409, 420, 120-B of I.P.C., registered at Police Station Kaiserbagh, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2021 against a solitary named accused person and some unnamed employees of Bhatkhande Music Institute Deemed University, near Kaiserbagh, an inquiry was conducted, in which, it transpired that Vice Chancellor of the University (the named accused) had got several works conducted in violation of the relevant financial rules and has spent Rs. 3,08,00,000/- in an illegal manner. 4. The applicant has been implicated in the present case during investigation as he was working as Assistance Professor Tabla in the Bhatkhande University and he was a member of the purchase committee which approved payment of Rs.3,31,13,607/- in violation of the relevant rules, without inviting any tenders. 5. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is a 59 years old innocent person having Versus Counsel for Applicant(s) : Purnendu Chakravarty, Pranjal Jain Counsel for Opposite Party(s) : G.A. Manoj Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
no criminal history and he has been falsely implicated in the present case merely because he has done some works in performance of his duties as per directions of the Vice Chancellor. 6. Learned AGA-I has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted against eight persons, including the applicant. He has further submitted that it has come to light during investigation that the applicant was a member of the purchase committee which approved payments in a highly irregular manner, causing lose to the public exchequer. 7. A co-accused Dr.
Srishti Mathur, who is a Professor against whom similar allegations have been levelled, has been granted anticipatory bail in the present case by means of an order dated 29.08.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 438 Cr.P.C. No.939 of 2025. Another co-accused Gyanendra Dutt Bajpai, has been granted bail in the present case by means of an order dated 03.09.2025 passed by this Court in Criminal Misc. Bail Application No.8371of 2025
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; two co-accused against whom similar allegations have been levelled have been granted bail and anticipatory bail in the present case and that the applicant has no criminal history and he is languishing in jail since 23.07.2025 whereas the investigation already 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Manoj Kumar Mishra 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;
BAIL No. 8631 of 2025 2
(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 10, 2025 Preeti. BAIL No. 8631 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench