Neutral Citation No. - 2025:AHC:142830 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4354 of 2025 Applicant :- Prabhu Nath Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Akash Singh,Nitin Sharma,Santosh Kumar Singh,Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nitin Sharma, learned counsel for the applicant and Sri Deepak Mishra, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 302 of 2007, under Sections 193, 197, 218, 409, 420, 467, 468, 471, 477-A, 120-B IPC & 13(1) (d), 13(2) Prevention of Corruption Act, Police Station- Kotwali, District- Chandauli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged in the year 2007 against several public servants (non applicant) and as per allegation, they misappropriated public fund but during investigation in the year 2009, applicant has also been made accused in the present matter on the ground that he was cashier at that time in P.W.D. Department, therefore, he also involved in commission of misappropriation but as no sanction could be obtained against him, therefore, charge sheet has not been filed against him. 4. He further submitted that sanction order was passed against the applicant on 10.08.2017 and thereafter in the year 2017 after obtaining sanction charge sheet has been filed against him. 5. He further submitted that during investigation applicant fully cooperated with the investigation and there is no allegation that applicant is an absconder. 6. He further submitted that without arrest of the applicant, charge sheet has been filed against him and after submission of charge sheet, applicant challenged the entire proceeding pending against him vide Application U/s 482 Cr.P.C. No. 11974 of 2021 before this Court and he also challenged the sanction order but on 09.12.2024 his Application U/s 482 Cr.P.C. has been dismissed by this Court with the direction that applicant may seek regular bail and thereafter he surrendered before the court concerned on 23.12.2024. He further submitted that in the meantime, writ petition filed by the applicant with regard to sanction has also been dismissed by this Court. 7. He further submitted that even during investigation co-accused Rajaram Maurya, who was also one of the accountant, has been made accused along with applicant and co-ordinate Bench of this Court was pleased to enlarge him on bail and his bail order has been annexed as Annexure No. 10 to the affidavit and on facts, case of applicant is at par with him. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 23.12.2024 i.e. for last more than eight months. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant, who was cashier in P.W.D. Department, along with others misappropriated the public fund but it reflects, he was not named in the FIR and during investigation, he has been made accused. 12. Record further suggests that FIR of the present case was lodged in the year 2007 and charge sheet against the applicant could only be filed in the year 2017 as earlier no sanction order was passed against him and it is not the case of prosecution that applicant was an absconder. 13. Record also suggests that applicant challenged the sanction order before this Court, although, his writ petition was dismissed and thereafter he filed an Application U/s 482 Cr.P.C. against the proceeding pending against him and pursuant to the order passed by this Court on his application on 09.12.2024, he surrendered before the court concerned and, therefore, prima facie, it appears, applicant was not an absconder. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 23.12.2024 i.e. for last more than eight months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Prabhu Nath Mishra 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. 18. 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. 19. 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 :- 20.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad