Vivek Kumar Saxena Vs State of U.P.

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4767 of 2020

Applicant :- Vivek Kumar Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Mishra,Ramesh Chandra Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Vivek Kumar Saxena, with a prayer to release him on bail in Case Crime No. 0113 of 2018, under Section 409 IPC, Police Station Civil Lines, DistrictRampur, during pendency of trial.

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Allegation against the applicant is that he was working as cashier in the Electricity Department, District Rampur, and he has misappropriated an amount of Rs.53,69,834/-. It is alleged that he used to realize the full amount from the customers and has deposited lesser amount in the account of the department and has misappropriated the aforesaid amount.

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Learned counsel for the applicant has submitted that he was employed on the post of Technical Assistant II and was assigned the work of collecting cash from the customers as cashier. The amount was deposited by him in the treasury through the Chief Cashier. The amount was deposited after tallying of the account. The password of the system was with the Sub Divisional Officer and two other employees. They misused the password and posted fake entries of deposits and the money was embezzled by them. The applicant has been falsely implicated in this case. The inquiry was conducted against the applicant, but it was not as per the procedure of departmental inquiry prescribed under the law. Only after considering his reply, FIR has been lodged against him. Three members inquiry committee did not conducted inquiry as per the rules. No statement of witnesses were recorded nor any documentary evidence was filed, nor duly proved before the inquiry committee. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is in jail since 22.7.2019.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 that :-

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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 to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 :- 5.8.2020 Ruchi Agrahari

Vivek Kumar Saxena v. State of U.P.

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Vivek Kumar Saxena v. State of U.P.

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