High Court · 2025

3. Learned counsel for the applicant submits that FIR of the present case was lodged against the applicant and others in the year 2018 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 even in the counter affidavit filed by State, it has been averred that applicant distributed the scholarship amount amongst students in cash by violating the government guidelines and therefore, it cannot be said that applicant misappropriated the scholarship amount of the students.

6. 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.

7. He further submits that even the matter is of the year 2010-11 but FIR of the case was lodged in the year 2018 and investigation of the case continued till 18.12.2024 and on 21.12.2024 applicant has been arrested.

8. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last seven months.

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

10. 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 this FIR.

11. He further submits that being principal 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 on 21.12.2024.

12. 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.

13. He further could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last seven months.

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

15. As per allegation, applicant being principal of a Madarsa distributed the scholarship amount amongst students in cash and thus violated the government guidelines therefore, prima-facie, from the record and even from the counter affidavit filed by the State, it reflects, applicant committed irregularity in distributing the scholarship amount amongst students. From the counter affidavit of the State, it could not be reflected that applicant distributed the scholarship amount with the connivance of the other accused to the non-existing students.

16. 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, therefore, it cannot be said that applicant committed any illegality or irregularity or committed any offence.

17. Further, the matter is of the year 2010-11 but FIR of the case was lodged in the year 2018 and investigation of the case continued till 18.12.2024 and on 21.12.2024 applicant has been arrested.

18. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last more than seven months.

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

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

21. Let the applicant- Furkan Ali 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.

22. 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.

23. 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 :- 18.7.2025 Zafar MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad

3. Learned counsel for the applicant submits that FIR of the present case was lodged against the applicant and others in the year 2018 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 even in the counter affidavit filed by State, it has been averred that applicant distributed the scholarship amount amongst students in cash by violating the government guidelines and therefore, it cannot be said that applicant misappropriated the scholarship amount of the students.

6. 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.

7. He further submits that even the matter is of the year 2010-11 but FIR of the case was lodged in the year 2018 and investigation of the case continued till 18.12.2024 and on 21.12.2024 applicant has been arrested.

8. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last seven months.

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

10. 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 this FIR.

11. He further submits that being principal 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 on 21.12.2024.

12. 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.

13. He further could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last seven months.

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

15. As per allegation, applicant being principal of a Madarsa distributed the scholarship amount amongst students in cash and thus violated the government guidelines therefore, prima-facie, from the record and even from the counter affidavit filed by the State, it reflects, applicant committed irregularity in distributing the scholarship amount amongst students. From the counter affidavit of the State, it could not be reflected that applicant distributed the scholarship amount with the connivance of the other accused to the non-existing students.

16. 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, therefore, it cannot be said that applicant committed any illegality or irregularity or committed any offence.

17. Further, the matter is of the year 2010-11 but FIR of the case was lodged in the year 2018 and investigation of the case continued till 18.12.2024 and on 21.12.2024 applicant has been arrested.

18. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 21.12.2024 i.e. for last more than seven months.

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

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

21. Let the applicant- Furkan Ali 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.

22. 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.

23. 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 :- 18.7.2025 Zafar MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad