Allowed

Avinash v. State of U.P.

Allahabad HC2 Sept 2020BAIL/5654/2020

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by a retired former Branch Manager accused of embezzlement and cheating. The Court allowed bail based on inherent constitutional rights, pandemic concerns in jails, and a Supreme Court precedent, without deciding on the merits of the charge.

What did the court decide?

Released on bail via personal bond and two sureties upon restoration of normal court functioning.

Avinash Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5654 of 2020

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Applicant :- Avinash Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Abhishek Mishra, counsel for the applicant and learned A.G.A for the State.

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The allegation in the FIR is that the applicant while working as Branch Manager in Aryavrat Gramin Bank embezzeled an amount of Rs. 23,23,291.54/-.

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Counsel for the applicant has submitted that he has been falsely implicated. The bank has already forfeited his gratuity amount of Rs. 15,62,544/- and the account of his wife and daughter has also been seized. The other dues of about 14 lakhs dues towards the bank have also not been paid. He is aged person and has retired from service. He is languishing in jail since 13.05.2019 and has criminal history of two cases explained in paragraph 21 of the affidavit in support of the bail application.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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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, 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- Avinash , in Case Crime No. 269 of 2018, under Sections- 419, 420, 467, 468, 471 and 409 IPC, Police Station- Nidholi Kalan, District- Etah, 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 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 :- 2.9.2020 Rohit

Avinash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Avinash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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