RAJESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. CIVIL SECTT. LKO.
BAIL/8976/2025 · 2025-09-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164674 (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. - 8976 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Bal Keshwar Srivastava, learned counsel for the applicant, Shri Satyendra Srivastava, 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.67 of 2024 under Sections 409 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of an F.I.R. lodged on 13.03.2024 against nine persons, including the applicant, stating that some excess amount was withdrawn in the name of construction of Toilets in the villages. The applicant was the Village Panchayat Secretary. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in 2 other cases has been disclosed by filing a supplementary affidavit in both of which he has been enlarged on bail. 6. The FIR refers to an inquiry report, a copy whereof has been annexed with the affidavit filed in support of the bail application wherein it is stated that the expenditure incurred on some other heads was wrongly feeded on e-gram swaraj portal as expenditure incurred for construction of Toilets. 7. Learned counsel for the applicant has submitted that it was due to the Versus Counsel for Applicant(s) : Bal Keshwar Srivastava, Aniket Srivastav, Nishi Agarwal Counsel for Opposite Party(s) : G.A. Rajesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Civil Sectt. Lko. .....Opposite Party(s)
aforesaid clerical error in feeding the data on e-gram swaraj portal that the discrepancy in the amounts has occurred. 8. The learned A.G.A. has opposed the bail application and he has submitted that investigation in the present case is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 29.06.2025, he is a government official and in case of his release on bail, there appears to be no reasonable apprehension of his absconding from the process of law, 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. 10.
10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rajesh Kumar 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 22, 2025 -Amit K- BAIL No. 8976 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench