Sunil Kumar vs State of U.P.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2006, under Sections 409, 420, 467, 468, 471, 477-A, 120-B, 34 IPC, Police Station Gandwar, District Ballia, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged in the year 2006 against as many as 120 persons but in the FIR applicant was not named.

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He further submitted that during investigation applicant has been made accused on the ground that he also indulged in the instant crime alongwith others in misappropriation of Government fund but except the bald and verbal allegations, there is no other evidence against the applicant in this regard on record.

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He further submitted that applicant is not a public servant and he is a fair price shop owner and he is having no concern with the alleged misappropriation committed by the public servant.

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He further submitted that investigation with regard to the applicant is still pending and during investigation suddenly after 20 years on 13.8.2025, applicant has been arrested by the police.

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He further submitted that applicant is having no criminal history.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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BAIL No. 30512 of 2025

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

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However, as per allegation, applicant alongwith others misappropriated the public money but he is not a public servant and he was fair price shop owner.

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Further FIR of the present case was lodged in the year 2006 against as many as 140 persons but applicant was not named in the FIR and it appears during investigation, he has been made accused.

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Further, though it appears there is no allegation that applicant did not co-operate with the investigation but it appears, after two decades on 13.8.2025 he has been arrested by the Investigating Officer.

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Further, applicant is not having any previous criminal history and in the present matter applicant is in jail for last one month.

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Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail is a rule while bail rejection is an exception.

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Further, law is also settled that bail application should not be dismissed either for punitive or preventive purposes.

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

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

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Let the applicant- Sunil Kumar, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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BAIL No. 30512 of 2025

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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.

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September 15, 2025 Ankita

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(Sameer Jain,J.)

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Sunil Kumar v. State of U.P.

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Sunil Kumar v. State of U.P.

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