Neutral Citation No. - 2025:AHC:59917 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7218 of 2025 Applicant :- Ram Sharan Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Gupta,Shiv Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. Shiv Kumar Pal, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 468 of 2009, under Section 409 I.P.C. and Section 7/13 of Prevention of Corruption Act, Police Station Suriyawa, District Bhadohi, during the pendency of trial. 3. As per the prosecution case, in brief, the complainant Y.N. Singh, Executive Engineer, Rural Engineering Services Division- Sant Ravidas Nagar, Bhadohi, got the first information report lodged on 07.09.2009 for the offence under Section 409 I.P.C. against Smt. Neelam Singh, Assistant Teacher (In charge of construction), Shailendra Upadhayay, then Gram Pradhan, Gram Panchayat Abarna with regard to several irregularities done in the construction of Junior High School in Gram Panchayat, Abarna, District Bhadohi. 4. Main substratum of argument of learned counsel for the applicant is that the applicant was earlier posted as Principal in Government Inter College, Mahoba. On 30.06.2008 he was transferred and appointed on the post of B.S.A., Bhadohi, and took charge on 03.07.2008 in District Bhadohi. A proposal for the construction of the building in question was already made. Fund of construction was also released in two installments on 11.10.2007 and 18.12.2007 by the then B.S.A. /Predecessor. Even the applicant has not given utility certificate. Much emphasis has been given by contending that applicant had no concern and control over the quality of construction of the building in question, because at that time applicant was not posted there. It is also pointed out that as soon as applicant came to know about the irregularities in construction of school building, he vide his letter dated 18.08.2009 directed his sub ordinate A.B.S.A. to ensure the registration of F.I.R. in this matter. Accordingly, A.B.S.A., Bhadohi sent a letter dated 01.09.2009 to SHO, P.S. Suriyawan for lodging F.I.R. in the matter. On the strength of aforesaid facts, it is argued that there is no iota of the evidence against the applicant to constitute an offence under Section 409 I.P.C. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 31.01.2025 having no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5.Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that at the time of construction of school building and release of fund, the applicant was not posted in Bhadohi, who joined the post of B.S.A., Bhadohi on 03.07.2008. 7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Ram Sharan Dwivedi, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 22.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad