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Allahabad High Court

NAVALKISHOR @ NAVAL KISHOR GARGversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant, finding no sufficient ground to deny release.

Summary

Navalkishor Garg, an 80‑year‑old man, was charged under several sections of the Uttar Pradesh B.N.S. Act and Section 66‑D of the Information Technology Act for allegedly receiving an excess pension of Rs. 22,08,285, of which Rs. 4,96,000 had already been recovered. The applicant filed a second bail application after the first was withdrawn, claiming false implication and no prior criminal record. The State opposed bail, alleging misappropriation of Rs. 17,12,285, but could not dispute that similarly situated co‑accused had been granted bail. The court considered the applicant’s advanced age, the period of detention since 29‑Oct‑2025, partial recovery of the amount, and the lack of a specific role in the FIR involving 97 persons. Finding the circumstances comparable to the co‑accused, the court granted bail with personal bond, sureties, and conditions to prevent tampering with evidence or intimidation of witnesses.

Issues considered

  • Whether bail should be granted to an elderly accused charged with misappropriation of pension funds under the Uttar Pradesh B.N.S. Act and the IT Act.
  • Whether the applicant’s age, partial recovery of the alleged amount, and the granting of bail to co‑accused justify release on bail.

Legislation cited

Subjects

  • bail
  • misappropriation
  • pension fraud
  • elderly accused
  • Uttar Pradesh criminal law
  • Information Technology Act
  • co‑accused bail
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 7505 of 2026

Navalkishor @ Naval Kishor Garg
                                                          .....Applicant(s)
                                   Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Bijay Kumar Srivastava, Omshankar,
                                Ram Krishna
Counsel for Opposite Party(s) : G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant and learned A.G.A for the
State.

2. This second bail application has been moved by the applicant seeking
bail in Case Crime No. 657 of 2025, under Sections 319(2), 318(4), 338,
336(3), 340(2). 316(5), 61(2) and 238 of BNS and Section 66-D of I.T.
Act, police station Karvi Kotwali Nagar, district Chitrakoot during he
pendendcy of the trial.

3. This is the second bail application.

4. The first bail application was permitted to be withdrawn as not pressed
with the liberty of filing a fresh bail application by Hon'ble Arun Kumar
Deshwal, J.

5. The second bail application was placed before Hon'ble Arun Kumar
Deshwal, J. and the same was released by the Court vide its order dated
2.4.2026 and thereafter, this matter has been placed before this Court.

6. The learned counsel for the applicant contended that the applicant has
been falsely implicated in the present case. Learned counsel for the
applicant further contended that the applicant is an old man aged about 80
years. He contended that the allegations against the applicant are of
receiving an excess amount of pension in his account. Learned counsel for
the applicant further contends that the applicant is said to have received
Rs. 22,08,285/- in his account. However, a recovery of Rs. 4,96,000/- has
already been made from the applicant. The applicant has no criminal
antecedents.
                                                                                             BAIL No. 7505 of 2026
                                                                   2


                                    7. Learned A.G.A. has opposed the prayer for bail and has contended that
                                    the applicant has misappropriated Rs. 17,12,285/- of public money. He
                                    has not returned the excess amount of pension received by him. Learned
                                    A.G.A. however could not dispute the fact that similarly situated co-
                                    accused have been granted bail by this Court.

                                    8. I have heard learned counsel for the parties The applicant is stated to be
                                    an old man aged about 80 years. Part of the misappropriated amount of
                                    Rs. 22,08,285/- has already been recovered. Co-accused Jogwa @ Jaguwa
                                    and Laxmi Devi and several others, have been granted bail by this Court.
                                    The case of the applicant stands on a similar footing. F.I.R. has been
                                    lodged against 97 persons with no specific role being given to the
                                    applicant

                                    9. Taking into account the age of the applicant and the period of
                                    detention, as he is stated to be in jail since 29.10.2025, I deem it
                                    appropriate to grant bail to the applicant.

                                    10. Accordingly, the second bail application is allowed.

                                    11. Let the applicant Navalkishor @ Naval Kishor Garg be released on
                                    bail in the aforesaid case on his furnishing a personal bond and two
                                    sureties each in the like amount to the satisfaction of the court concerned,
                                    subject to the following conditions:

                                    1. The applicant shall not tamper with the prosecution evidence; shall not
                                    pressurize or intimidate the prosecution witnesses; shall appear before the
                                    trial court on each and every date fixed, unless personal appearance is
                                    exempted.

                                    2. He shall not indulge in any criminal activity during the pendency of the
                                    trial; and shall not misuse the liberty of bail in any manner whatsoever.

                                    12. In case of breach of any of the above conditions, the court concerned
                                    shall be at liberty to cancel the bail of the applicant.

                                    12. It is made clear that the observations made in this order are solely for
                                    the purposes of deciding this bail application and shall not be construed as
                                    an expression on the merits of the case.




                                                                                      (Rajiv Lochan Shukla,J.)
                                    May 5, 2026
                                    Sumaira




Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad


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