This judgment grants bail to the applicant in a cheating and forgery case involving embezzlement by a bank supervisor. The court allowed the bail application after considering the circumstances.
Release on bail in criminal case No. 0062 of 2019 by furnishing a personal bond and two reliable sureties each of the like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36354 of 2019
Applicant :- Satyendra Nath Tripathi Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 0062 of 2019, under Section 409 IPC, P.S. Dumariaganj, District Siddharth Nagar.
As per prosecution version, the FIR has been lodged against the present applicant with the allegation that the applicant was supervising the Grahak Seva Kendra of the bank and the applicant has embezzled the amount of Rs. 6.46 lacs of 36 accounts holders. This incident has caused loss to the bank and reputation of the bank has also suffered.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that the applicant has employed two other persons who has mistakenly not deposited the amount collected by them to the bank on time. It is further contended that the entire amount has now been deposited by the present applicant to the bank. It is next submitted that the payment of money is evident from the paper No. 29A, which has been annexed with the paper book. Offence is triable by the Magistrate. Lastly, he submitted that the applicant is languishing in jail since 14.8.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant Satyendra Nath Tripathi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of
which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.9.2019 Mini
2 issues framed by the court
Whether bail is the appropriate remedy in the present bail application.
Whether the applicant can be released on bail with sureties.
1 provisions across 1 enactments
Satyendra Nath Tripathi
State Of U.P.
Ajit Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
