Neutral Citation No. - 2025:AHC:145406 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28815 of 2025 Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Anand Ji Mishra, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.38 of 2019, under Sections 409, 420, 467, 468, 471, 120-B I.P.C. and Section 8 Prevention of Corruption Act, Police Station EOW, District Meerut, during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against the applicant and others in the year 2019 with the allegation that he was Principal in a Madarsa and he distributed the scholarship amount of the year 2010-11 amongst students in cash against government guidelines. 4. He further submits that however, entire allegation levelled against applicant is totally false but even from the FIR, it could not be reflected that applicant or other accused did not distribute the scholarship amount to the students and only allegation against them is that they distributed the scholarship amount to the students in cash and thus, violated the government guidelines. 5. He further submits that during investigation, I.O. did not even record the statements of the alleged students to whom, the scholarship amount were allegedly distributed, therefore, it cannot be said that either applicant committed any illegality or irregularity or committed any offence. 6. He further submits that even the matter is of the year 2010-11 but FIR of the case was lodged in the year 2019 and investigation of the case continued till the year 2024 and applicant was arrested in the year 2024. 7. He further submits that however, apart from the present case, applicant was not having any other previous criminal history to his credit but along with the present case he has also been made accused in five other cases and his criminal history has been explained in the instant bail application and out of five cases in two cases he has already been released on bail and he is in jail in the present matter since 21.12.2024 i.e. for last more than eight months. 8. 8. He further submits that therefore, considering the above facts, applicant should be enlarged on bail. 9. 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. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. As per allegation, applicant being Principal of a Madarsa distributed the scholarship amount amongst students in cash against the government guidelines, therefore, prima-facie, it appears, applicant committed irregularity in distributing the scholarship amount amongst students. 12. Further, it appears, during investigation, I.O. did not even record the statements of the alleged students to whom, the scholarship amount were allegedly distributed. 13. Further, the matter is of the year 2010-11 but FIR of the case was lodged in the year 2019 and investigation of the case continued till the year 2024 and applicant was arrested only in the year 2024. 14. Further, however, apart from the present case, applicant was not having any previous criminal history to his credit but along with the present case he has also been made accused with similar allegation in five other cases and his criminal history has been explained in the instant bail application and out of five cases in two cases he has already been released on bail and in the present matter he is in jail since 21.12.2024 i.e. for last more than eight months. 15. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. BAIL No. 28815 of 2025 2 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-Aslam 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 :- 22.8.2025 SKM BAIL No. 28815 of 2025 3 Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad