Single judge rejected bail application alleging embezzlement of electricity department funds. Court held no good ground for bail based on FIR allegations and offence nature.
Bail application rejected.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23797 of 2017
Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Deep Chandra Joshi,Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Contention has been raised that the applicant is the labour of the concerned Electric Department and has no role to play in the incident. Offence alleged is triable by the Magistrate Ist Class.The applicant has no criminal history and he is languishing in jail since 23.01.2017.
Per contra, learned A.G.A. engaged attention of this Court to specific averments contained in the F.I.R. against the applicant to the extent that the applicant collected electricity charges worth Rs. 11,73,917/- and instead of depositing the same in the account of the electricity department he embezzled the aforesaid amount.
Considered the submission, the allegations contained in the first information report qua embezzlement of the huge amount of the electricity department by the applicant and also the very nature of the offence, no good ground for bail is made out.
Accordingly, this bail application is rejected at this stage.
The observation made in this order shall not have any bearing on merits of the case while deciding the trial by the trial court.
Order Date :- 11.12.2018 Rohit
1 issue framed by the court
Whether good grounds exist for bail given allegations of embezzlement and the nature of the offence.
Vijay Kumar
Arvind Kumar Mishra
As recorded by the court registry
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