Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33025 of 2024 Applicant :- Smt. Neelam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Sushama,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Virendra Singh, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 468 of 2009, under Sections 409 IPC and 7/13(1) Prevention of Corruption Act, Police Station- Suriyawan, District- Bhadohi, during pendency of the trial in the court below. 3. Learned Senior Advocate appearing on behalf of applicant submitted that applicant was assistant teacher and as per allegation, she was in-charge of construction work in the school and when some irregularity was found in the construction work then she has been made accused in the present matter along with co-accused Shailendra Upadhyay, the then Gram Pradhan and others but entire allegation levelled against the applicant is totally false. 4. He further submitted that there is no evidence that applicant and others either received any illegal gratification or misappropriated any public fund and only allegation against her is that being in- charge of construction, she failed to supervise the construction work properly. 5. He further submitted that even co-accused Ram Sharan Dwivedi, the then B.S.A., has been released on bail by co-ordinate Bench of this Court vide order dated 22.04.2025 passed in Criminal Misc. Bail Application No. 7218 of 2025. 6. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 27.08.2024 i.e. for last almost 11 months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant was assistant teacher and was in-charge of construction done in the school and construction work has not been done in accordance with law and applicant and others misappropriated government fund but considering the fact that applicant was assistant teacher, the argument advanced by learned Senior Advocate appearing on behalf of applicant cannot be completely ruled out at this stage. 10. Further, co-accused Ram Sharan Dwivedi, the then B.S.A., and Shailendra Upadhyay, the then Gram Pradhan have already been released on bail by co-ordinate Bench of this Court and bail granting order passed in case of co-accused Shailendra Upadhyay has been annexed along with the instant bail application. 11. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 27.08.2024 i.e. for last almost 11 months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Smt. Neelam 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. 15. 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. 16. 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 :- 7.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad