In a bail application under Section 431 CrPC, the single-judge court allowed the accused, a field officer accused of embezzlement, to be released on bail despite opposition, relying on Data Ram case.
Released on bail pending trial subject to personal bond, two sureties, refund of Rs. 50,000/-, attending trial, and not tampering with witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17618 of 2019
Applicant :- Ravi Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A.,Kunjesh Kumar Dubey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Kunjesh Kumar Dubey, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 227 of 2018, under Sections 420 and 408 I.P.C., P.S. Kanth, district-Moradabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the present accused is alleged to be a field officer/collection agent of Margdarshak finance Limited and it was alleged in the first information report that he along with other co-accused has embezzled the amount to the tune of Rs. 15,00,000/-. He also submitted that the applicant is the field officer/collection agent who collects the money from the investors and deposits the money in the company. Neither he has received any illegal gain nor he has caused any illegal loss to anybody. He further submitted that he has not committed any offence and has been falsely implicated in the present case due to some ulterior motive and if he is released on bail, he is ready to refund Rs. 50,000/- to the complainant. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 1.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned
A.G.A. as well as Sri Kunjesh Kumar Dubey, learned counsel for the complainant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the facts and circumstances of the case that the applicant was an employee and there was some embezzlement was made in the firm and some irregularity was committed in the firm, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ravi Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 227 of 2018, under Sections 420 and 408 I.P.C., P.S. Kanth, district-Moradabad subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2019 Faridul
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail pending trial.
Whether bail conditions including refund of sum and non-tampering with witnesses are appropriate.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶10
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Ravi Kumar
AJIT SINGH
As recorded by the court registry
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AJIT SINGH
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