HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35701 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Anurag Vajpeyi, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 83 of 2025, under Sections 316(5) BNS, Police Station Kishanpur, District Fatehpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Incharge of Paddy Procurement Center and as per allegation he failed to provide the details of the paddy after taking the same from the farmers and giving it to the Millers but entire allegation leveled against applicant is totally false. 4. He further submits, applicant provided complete details of the transactions through an application dated 06.05.2025, which has been annexed at page-85 of the paper-book. He further submits, even at this stage it cannot be said that applicant misappropriated any public money and prima facie it appears to be a case of issue of accounting and prima facie no criminal offence is made out against the applicant. 5. He further submits, even without giving any show cause notice to the applicant directly he has been made accused in the present matter and till date no departmental inquiry has been conducted against him. 6. He further submits, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the bail application and in one case applicant has been Versus Counsel for Applicant(s) : Ambuj Pandey, Anurag Vajpeyi, Smita Pandey Counsel for Opposite Party(s) : G.A. Prem Prakash Bharti Alias Prem Prakash .....Applicant(s) State of U.P. .....Opposite Party(s) exonerated and in one another case compromise has been executed between the parties. 7. He further submits, even all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 09.07.2025 i.e. for last more than nine months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant misappropriated the public fund relating to paddy but considering the facts of the case, the argument advanced by learned counsel for applicant that prima facie it appears to be a case of issue of accounting relating to paddy cannot be ruled out. 11. Further, however, apart from the present case applicant is having criminal history of two cases but his criminal history has been explained in the instant bail application. 12. Further, all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 09.07.2025 i.e. for last more than nine months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Prem Prakash Bharti @ Prem Prakash be released on bail in the 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 BAIL No. 35701 of 2025 2 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. 16. 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. 17. 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. April 23, 2026 AK Pandey BAIL No. 35701 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad