Neutral Citation No. - 2025:AHC:132851 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26954 of 2025 Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Shailendra Kumar Singh, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, 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.467 of 2017, under Sections 409, 477-A and 120-B IPC and Section 13(2) Prevention of Corruption Act, 1988, Police Station Gahmar (E.O.W.), District Ghazipur during pendency of the trial. 4. Learned counsel for the applicant submits that FIR of the present case was lodged on 12.9.2017 against the applicant and twenty two others and as per allegation applicant was Junior Engineer in Rajkiya Nirman Nigam Limited and he along with other Junior Engineers, Project Managers and contractors misused his position and the work allotted to the contractors could not be properly done and applicant and others misappropriated the government fund but entire allegations levelled against the applicant are totally false. 5. He next submits that alleged misappropriation of public fund was allegedly committed in the year 2013-14 and FIR was lodged in the year 2017, i.e., after 3-4 years and charge sheet could only be filed on 22.7.2025 and just before submission of the charge sheet applicant has been arrested on 16.7.2025. 6. He next submits that during entire investigation period applicant fully cooperated with the investigation and Investigating Officer did not arrest him after the FIR and he made his arrest after eight years. 7. He next submits that only on the basis of general and omnibus allegations applicant has been roped in the present matter along with others. 8. He further submits that co-accused Hira Lal Ram was also one of the Junior Engineer and when he applied for anticipatory bail before this Court then although his anticipatory bail application was dismissed by this Court but he challenged the order passed by this Court before the Apex Court vide Special Leave Petition (S) (CRL.) No(S). 6034/2025 then the Apex Court vide order dated 17.7.2025 was pleased to set aside the order passed by this Court and directed to release him on anticipatory bail and the order passed by the Apex Court has been annexed as Annexure-5 to the affidavit filed in support of the instant bail application. 9. He further submits that the case of applicant is exactly at par with co-accused Hira Lal Ram and as co-accused Hira Lal Ram has been released on anticipatory bail by the Apex Court, therefore, applicant on this ground alone is entitled to be released on bail. 10. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 16.7.2025. 11. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation being public servants applicant and others misappropriated the public fund along with contractors but it reflects that allegations of misappropriation of public fund were of the year 2013-14 and the FIR of the present case was lodged in the year 2017, i.e., after 3-4 years.. 14. Record also suggests that however, there is no allegation that applicant did not cooperate with the investigation but Investigating Officer arrested him on 16.7.2025 and after making his arrest submitted charge sheet against him on 22.7.2025. 15. Further, along with the applicant co-accused Hira Lal Ram has also been made accused in the present matter and he was also Junior Engineer like the applicant and he has been released on anticipatory bail by the Apex Court and the case of applicant is at par with him. 16. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 16.7.2025. 17.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Jitendra Singh 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. 20. 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. 21. 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 :- 6.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad