HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5355 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. On 19.02.2025 four weeks time was given to the State to file counter affidavit but till date no counter affidavit has been filed, therefore, instant bail application is being heard. 2. Heard Sri Vivek Mishra, learned counsel for the applicant and Sri Ghanshyam Mishra learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 02 of 2022, under Sections 13(1)-B read with Section 13(2) P.C. Act, Police Station Varanasi Sector Satarkata Adhinisthan, District Varanasi during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was Gram Pradhan and as per allegation he misused his position and his expenditure were in excess to his known source of income but entire allegation leveled against the applicant is totally false. He further submits, even from the FIR it reflects, no check period has been mentioned in it. 5. He further submits, wife of applicant is Asha Sangini and applicant was also having ancestral properties and entire allegation of disproportionate income are totally false. 6. He further submits, during investigation no opportunity was given by the Investigating Officer to the applicant to explain his alleged disproportionate income and without any appropriate evidence merely on he basis of bald allegation applicant has been arrested. Versus Counsel for Applicant(s) : Rajesh, Rupa, Vipin Gangwar, Vivek Mishra Counsel for Opposite Party(s) : G.A. Rajesh Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits, now charge-sheet has been filed and applicant is in jail since 25.12.2024 i.e. for last nine months and he is not having any criminal history. 8. Per contra, learned AGA opposed the prayer for bail and submits, applicant is dishonest person and he was Gram Pradhan and his expenditure were quite high in comparison to his known source of income and even during investigation allegation leveled against applicant were found correct, therefore, charge-sheet has been filed against him but could not dispute the fact that from the FIR it could not be reflected that what was the check period. Learned AGA further could not dispute the fact that applicant is not having any criminal history and he is in jail since 25.12.2024 i.e. for last nine months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it is case of disproportionate income of about Rs. 2 lakhs and as per allegation applicant was Gram Pradhan and his expenditure were more than his known source of income but from the FIR it reflects, check period has not been mentioned in it. 11. Further, as in spite of opportunity given to the State no counter affidavit has been filed, therefore, explanation given by the applicant in the affidavit filed in support of instant bail application with regard to allegation of disproportionate income cannot be completely brushed aside at this stage. 12. Further, applicant is not having any criminal history and he is in jail since 25.12.2024 i.e. for last nine months. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Rajesh Kumar Singh be released on bail in the BAIL No. 5355 of 2025 2 aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 16, 2025 AK Pandey BAIL No. 5355 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad