Rajeev Sachan Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14679 of 2020

Applicant :- Rajeev Sachan Opposite Party :- State of U.P. Counsel for Applicant :- Pradip Narain Singh Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav

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Hon'ble Siddharth,J.

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Heard Sri Virendra Kumar Srivastava, learned Senior Counsel, assisted by Sri Dhiraj Srivastava, counsels for the applicant; Sri Rajendra Kumar Yadav, learned counsel for the informant and learned A.G.A for the State.

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There is allegation in the FIR is that the applicant was employed on the post of Cash Custodian by a company C.M.S. Info Systems Ltd. The job of the applicant was to supply cash in the ATM machine of the bank. There is allegation that the applicant was given Rs. 78 lakhs for depositing in the ATM. He posted Rs. 61 lakhs in the ATM and Rs. 17 lakhs were returned in a bag to the company. In the absence of the company the bag was opened and Rs. 1,60,000/- was only found therein. He was found to have misappropriated the remaining amount.

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Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He has further submitted that during the course of investigation the Investigating Officer, Laxmi Singh Chauhan, took the applicant to the ATM machine and asked him to open the same. When he opened the ATM machine Rs. 67,000/- was found in the ATM and the entire amount she misappropriated the same. Subsequently an FIR was lodged against by the Circle Officer of the police and she was arrested. She has been enlarged on bail on 13.07.2020 by this court. Counsel for the applicant has submitted that he has been falsely implicated in this case. Nothing was recovered from his possession. The bag he returned initially was not opened in his presence. The applicant is in jail since 25.09.2019 and has no criminal history to his credit.

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Per contra learned A.G.A and counsel for the informant have vehemently opposed the bail of applicant. Counsel for the informant has submitted that in case the applicant was enlarged on bail he will again indulge in commission of crime of similar nature.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails,

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evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Rajeev Sachan , in Case Crime No. 176 of 2019, under Sections- 409, 411, 120-B and 34 IPC, Police Station- Link Road, District- Ghaziabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties (one surety being member of his family) to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.10.2020 Rohit

Rajeev Sachan v. State of U.P.

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Rajeev Sachan v. State of U.P.

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