Neutral Citation No. - 2025:AHC:115494 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24559 of 2025 Applicant :- Dr. Dayaram Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Mishra,Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record.. 2. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.65B of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B and 34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Bansdih, District Ballia during pendency of the trial. 4. Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2006 against the applicant and 120 others and as per allegation being public servants they misused their position and misappropriated the amount relates to a Scheme known as "Sampurna Gramin Rozgar Yojana" but entire allegation levelled against the applicant is totally false. 5. He further submits that when FIR was lodged, at that time applicant was posted as Block Development Officer and now he has been retired from service in the year 2022. 6. He further submits that there is no allegation that applicant was not cooperating with the investigation but in spite of that he was arrested in the present matter on 22.6.2025, i.e., after 19 years. 7. He further submits that however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and in one case he had been released on interim anticipatory bail and in two cases his arrest has been stayed by this Court during investigation. 8. He further submits that considering the above facts of the case applicant should be enlarged on bail. 9. He further submits that applicant is in jail in the present matter since 22.6.2025. 10. Per contra, learned AGA opposed the prayer for bail and submits that applicant was Block Development Officer and he and other accused misused their position being public servants and misappropriated the government fund but he could not dispute the fact that FIR of the present case was lodged in the year 2006 and applicant was arrested after 19 years and there is no allegation that he was not cooperating with the investigation. 11. Learned AGA however submits that apart from the present case applicant is having criminal history of three other cases but again could not dispute the fact that in two cases arrest of the applicant has been stayed and in one case he had been released on interim anticipatory bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation applicant was Block Development Officer and he along with other public servants misappropriated public fund but it reflects that FIR of the present case was lodged in the year 2006 and applicant was arrested in the year 2025,i.e., after 19 years and there is no allegation that he was not co- operating with the investigation. 14. Further, however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and it appears that in two cases his arrest has been stayed by this Court and in one case he had been released on interim anticipatory bail. 15. Further, applicant has already retired from service in the year 2022 and he is in jail in the present matter since 22.6.2025. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Dr. Dayaram Vishwakarma 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 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. 19. 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. 20. 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 :- 17.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad