The court granted bail to the applicant in a criminal chargesheet of criminal misappropriation and cheating. Relief was granted on a personal bond notwithstanding prosecution arguments regarding evidence and bank transactions.
Released on bail by furnishing a personal bond and two sureties complying with set conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16943 of 2020
Applicant :- Matamber Pandy Opposite Party :- State of U.P. Counsel for Applicant :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra Counsel for Opposite Party :- G.A.,Sudeep Harkauli,Varad Nath
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant through video conferencing, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. His name came into light in the statement of co-accused Anshuman Dubey ( named accused). It has been further submitted that as per prosecution case Anshuman Dubey is working as S.D.O. ( Service Delivery Officer) in Kotak Mahindra Bank Civil Lines Prayagraj/ Allahabad. The bank has provided a duty to him in a cash van for depositing rupees in bank of Baroda currency chest, Allahabad/ Prayagraj. As per first information report, the money was misappropriated by Anshuman Dubey (named accused). Showing the arrest of the applicant along with other co-accused on 11.4.2020 recovery of Rs. 50,000/- has been shown from the possession of the applicant. The applicant was arrested from the house of the applicant. He has not committed the alleged offence and he has no concern with misappropriation of money. The applicant is aged about 53 years and he is working as branch manager in Union Bank of India, Bishunpur, Bhadohi. The applicant has no concern with Kotak Mahindra Bank Civil Lines, Prayagraj/ Allahabad. The applicant had taken Rs. 5 lacs as debt in the month of September, 2019 from Anshuman Dubey (named accused) which was returned to Anshuman Dubey in the month of January 2020. False allegation has been made against the applicant. There is no cogent evidence against the applicant to connect with the alleged offence. There is no criminal history of the applicant and he is in jail since 11.4.2020.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant was arrested by the police on 11.4.2020 along with co - accused Anshuman Dubey who was named in the first
information report and Rs. 50,000/- has been recovered from the possession of the applicant. The applicant along with co -accused Anshuman Dubey have misappropriated Rs. 9,46,27,500/- of Kotak Mahindra Bank. The name of applicant came into light in the confessional statement of co-accused Anshuman Dubey. Some money transaction has also been made in between bank account of applicant and Anshuman Dubey. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Matamber Pandy involved in Case Crime No. 153 of 2020, under Section 409, 406, 411 and 120-B IPC Police Station Civil Lines District Prayagraj 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 with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.8.2020 Gss
Digitally signed by Justice Bachchoo Lal Date: 2020.08.20 15:28:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, who was not named in the first information report but whose name appeared in a co-accused statement and had money recovered from his possession, is eligible for bail.
1 provisions across 1 enactments
Matamber Pandy
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
