Nidesh Gangwar vs State Of U.P. Thru. Addl. Chief Secy. (Home)
Case Details
Further submission of learned counsel for the applicant is that the applicant was an employee of TCS. He is not named in the FIR. He is not named by any of the prosecution witnesses, nor has any recovery been made from him. No material has been collected by the Investigating Officer against the applicant, and no role has been assigned to him in the prosecution case. It is submitted that the applicant has been arrested merely because he happened to be on duty on behalf of TCS in the office of UPSSSC at the relevant time. The scanning work was undertaken by K.D. Enterprises, and the applicant had no role whatsoever in the scanning process. The applicant has no criminal history. There is no allegation that may attract Section 120-B of the Indian Penal Code against him. It is further submitted that the co-accused persons, namely Suraj Maurya (vide order dated 13.01.2022 in Bail Application No. 338/2022), Suraj Sharma (vide order dated 18.01.2022 in Bail Application No. 338/2022), Ravishankar Sharma (vide order dated
02.02.2022 in Bail Application No. 769/2022), Dheeraj Kumar Singh (vide order dated 27.01.2025 in Anticipatory Bail Application No. 2793/2024), Vimlesh Kumar Kanojiya (vide order dated
29.10.2021 in Bail Application No. 9502/2021), and Komal Singh @ Kamlesh (vide order dated 03.12.2021 in Bail Application No. 11714/2021), who were charge-sheeted by the investigating agency and against whom material has been collected by the prosecution, have been enlarged on bail. The applicant submits that his case stands on a better footing than that of the aforesaid co-accused persons. It is lastly submitted that the applicant is not a flight risk. He next submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3 BAIL No. 12251 of 2025 On due consideration of the fact that the offence is triable by the Magistrate; the applicant is not named in the first part of the charge-sheet; the charge-sheet has already been filed in the year 2021 and since then the investigation is still pending; the applicant is in jail since 31.11.2025; and prima facie, there does not appear to be any specific allegation or even any general allegation against the applicant at this stage in the prosecution case; coupled with the fact that the applicant has no criminal history; and without entering into the merits of the case and also considering the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed. Let applicant, Nidesh Gangwar, involved in Case Crime No.0002 of 2021, under Sections 420, 467, 468, 471, 477-A and 120-B IPC registered at Police Station - S.I.T., District-Lucknow be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings. (ii) The applicant will not tamper with the evidence during the trial. (iii) The applicant will not pressurize/ intimidate the prosecution witness. (iv) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail 4 BAIL No. 12251 of 2025 and pass orders in accordance with law. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. December 8, 2025 Madhu D.R/P.S (Karunesh Singh Pawar,J.) MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
Further submission of learned counsel for the applicant is that the applicant was an employee of TCS. He is not named in the FIR. He is not named by any of the prosecution witnesses, nor has any recovery been made from him. No material has been collected by the Investigating Officer against the applicant, and no role has been assigned to him in the prosecution case. It is submitted that the applicant has been arrested merely because he happened to be on duty on behalf of TCS in the office of UPSSSC at the relevant time. The scanning work was undertaken by K.D. Enterprises, and the applicant had no role whatsoever in the scanning process. The applicant has no criminal history. There is no allegation that may attract Section 120-B of the Indian Penal Code against him. It is further submitted that the co-accused persons, namely Suraj Maurya (vide order dated 13.01.2022 in Bail Application No. 338/2022), Suraj Sharma (vide order dated 18.01.2022 in Bail Application No. 338/2022), Ravishankar Sharma (vide order dated
02.02.2022 in Bail Application No. 769/2022), Dheeraj Kumar Singh (vide order dated 27.01.2025 in Anticipatory Bail Application No. 2793/2024), Vimlesh Kumar Kanojiya (vide order dated
29.10.2021 in Bail Application No. 9502/2021), and Komal Singh @ Kamlesh (vide order dated 03.12.2021 in Bail Application No. 11714/2021), who were charge-sheeted by the investigating agency and against whom material has been collected by the prosecution, have been enlarged on bail. The applicant submits that his case stands on a better footing than that of the aforesaid co-accused persons. It is lastly submitted that the applicant is not a flight risk. He next submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3 BAIL No. 12251 of 2025 On due consideration of the fact that the offence is triable by the Magistrate; the applicant is not named in the first part of the charge-sheet; the charge-sheet has already been filed in the year 2021 and since then the investigation is still pending; the applicant is in jail since 31.11.2025; and prima facie, there does not appear to be any specific allegation or even any general allegation against the applicant at this stage in the prosecution case; coupled with the fact that the applicant has no criminal history; and without entering into the merits of the case and also considering the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed. Let applicant, Nidesh Gangwar, involved in Case Crime No.0002 of 2021, under Sections 420, 467, 468, 471, 477-A and 120-B IPC registered at Police Station - S.I.T., District-Lucknow be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings. (ii) The applicant will not tamper with the evidence during the trial. (iii) The applicant will not pressurize/ intimidate the prosecution witness. (iv) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail 4 BAIL No. 12251 of 2025 and pass orders in accordance with law. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. December 8, 2025 Madhu D.R/P.S (Karunesh Singh Pawar,J.) MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench