Neutral Citation No. - 2025:AHC:145830 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40997 of 2023 Applicant :- Sachin Kumar Goel Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Katyayini,Lokesh Kumar,Rahul Gaur Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Gaur, 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. 98 of 2022, under Sections 420, 409 IPC and Section 13(1) P.C. Act, Police Station Kandhla, District Shamli during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Junior Assistant in the office of Project Director and as per allegation on 03.02.2022 he received the essential commodities and misappropriated its entire amount and did not make inventory of the same but entire allegation leveled against the applicant is totally false. 4. He further submits, on the date of alleged receiving applicant was on election duty and he neither received the essential commodities nor he put his signature on the receiving and specific averment in this regard has been in para-14 of the affidavit. 5. He further submits, the co-ordinate Bench of this Court considering the averment made by applicant in paragraph-14 of the affidavit called a personal affidavit of the officer concerned which is now on record and however from the personal affidavit filed by the officer concerned it reflects, in paragraph no.11 he admitted the fact that applicant on 03.02.2022 went for election duty but before departure at 7.59 hours he received the alleged essential commodities. 6. He further submits, as prosecution has admitted the fact that on 03.02.2022 applicant wen on election duty, therefore, merely on the basis of paragraph-11 of the personal affidavit filed by the officer concerned it cannot be presumed that applicant was the person who received the essential commodities and subsequently misappropriated the same specially considering the fact that alleged signature on the receiving has not been verified through FSL or from an expert. 7. He further submits, applicant is a responsible public servant and apart from the present case he is not having any previous criminal history and in the present matter he is in jail since 19.04.2023 i.e. for last more than two years. 8. Per contra, learned AGA opposed the prayer for bail and submitted that from the record it is apparent that applicant received huge essential commodities and misappropriated the same, therefore, he committed serious offence but could not dispute the fact that on the date of alleged receiving applicant went for election duty and alleged signature of the applicant has not been verified through an expert. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history and in the present matter he is in jail since 19.04.2023 i.e. for last more than two years. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant misappropriated the amount related to huge essential commodities but in the present matter he is in jail for last more than two years. 11. Further, on the alleged date of incident admittedly applicant went on election duty and whether before departure he received the alleged essential commodities or not it is a question of fact which can only be ascertained at the time of trial by trial court. 12. Further, applicant is not having any previous criminal history. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive 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 -Sachin Kumar Goel be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the BAIL No. 40997 of 2023 2 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. Order Date :- 23.8.2025 AK Pandey BAIL No. 40997 of 2023 3 Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad