Allahabad High Court

1. Heard Shri Kaushal Kumar Pandey, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.43 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 manager 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. 2 BAIL No. 30721 of 2025

7. He further submits that however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it appears, simultaneously applicant has been made accused in these five cases after lodgement of the present FIR with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

8. He further submits that therefore, considering the above facts, applicant may be enlarged on bail.

9. Per contra, learned AGA opposed the prayer for bail and submits that several FIRs have been lodged with regard to misappropriation of the scholarship amount of the students for the year 2010-11 and present FIR is one of them and applicant is one of the accused in the FIR.

10. He further submits that being manager of the Madarsa applicant with the connivance of the other accused distributed the scholarship amount to the students in cash although as per government rules, the same could not be distributed in cash but could not dispute the fact that FIR of the present case was lodged after more than seven years and investigation continued up to the year 2024 and applicant was arrested only in the year 2024.

11. He further could not dispute the fact that only allegation against applicant is that against the government guidelines in inappropriate manner he distributed the scholarship amount amongst students.

12. He further could not dispute the fact however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it reflects, applicant has been simultaneously made accused in these five cases after lodgement of the FIR of present case with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

13. I have heard learned counsel for both the parties and perused the record of the case.

14. As per allegation, applicant being manager of a Madarsa distributed the scholarship amount amongst students in cash and thus violated the government guidelines therefore, prima-facie, reflects, applicant committed irregularity in distributing the scholarship amount amongst students.

15. Further, it appears, during investigation, I.O. did not even record the statements of the alleged students to whom, the scholarship amount were 3 BAIL No. 30721 of 2025 allegedly distributed.

16. 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.

17. Further, however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it appears, he has been simultaneously made accused in these five cases after lodgement of the present FIR with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. 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.

21. 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.

22. 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. September 9, 2025 SKM (Sameer Jain,J.)

1. Heard Shri Kaushal Kumar Pandey, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.43 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 manager 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. 2 BAIL No. 30721 of 2025

7. He further submits that however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it appears, simultaneously applicant has been made accused in these five cases after lodgement of the present FIR with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

8. He further submits that therefore, considering the above facts, applicant may be enlarged on bail.

9. Per contra, learned AGA opposed the prayer for bail and submits that several FIRs have been lodged with regard to misappropriation of the scholarship amount of the students for the year 2010-11 and present FIR is one of them and applicant is one of the accused in the FIR.

10. He further submits that being manager of the Madarsa applicant with the connivance of the other accused distributed the scholarship amount to the students in cash although as per government rules, the same could not be distributed in cash but could not dispute the fact that FIR of the present case was lodged after more than seven years and investigation continued up to the year 2024 and applicant was arrested only in the year 2024.

11. He further could not dispute the fact that only allegation against applicant is that against the government guidelines in inappropriate manner he distributed the scholarship amount amongst students.

12. He further could not dispute the fact however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it reflects, applicant has been simultaneously made accused in these five cases after lodgement of the FIR of present case with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

13. I have heard learned counsel for both the parties and perused the record of the case.

14. As per allegation, applicant being manager of a Madarsa distributed the scholarship amount amongst students in cash and thus violated the government guidelines therefore, prima-facie, reflects, applicant committed irregularity in distributing the scholarship amount amongst students.

15. Further, it appears, during investigation, I.O. did not even record the statements of the alleged students to whom, the scholarship amount were 3 BAIL No. 30721 of 2025 allegedly distributed.

16. 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.

17. Further, however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and it appears, he has been simultaneously made accused in these five cases after lodgement of the present FIR with similar allegations and he is in jail in the present matter since 21.12.2024 i.e. for last eight months.

18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. 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.

21. 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.

22. 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. September 9, 2025 SKM (Sameer Jain,J.)