As per prosecution case, it is alleged that main accused Deepak Kumar, TG-2 (Cashier) was assigned the duty to collect electricity dues from consumers and deposit the same in the account. It is alleged that between April, 2019 to June 2020 over 12 crores was collected, however, the amount deposited fell short by Rs. 62,21,475. It is further alleged that several correspondence was made by higher officials (Executive Engineer/Assistant Engineer) directing co-accused Deepak Kumar to deposit the short amount but he failed to do so. It is urged by learned counsel for the applicant that the only allegation against the applicant is that applicant being Head Cashier, it was in his knowledge that money was short deposited and it was not informed by him to the authorities. It is further submitted that no recovery has been made from the applicant; the allegation against the applicant is of criminal conspiracy; the charge-sheet has already been filed. The applicant has also brought on record the official correspondence between the officers and co-accused Deepak Kumar during the period April 2019 to June, 2020, directing Deepak Kumar to deposit the amount (letters dated 21.05.2020 and 10.06.2020). It is further urged that applicant had informed the authorities that co-accused Deepak Kumar has collected the amount from the consumers but has not deposited the same. It is further urged that it is not the duty assigned to the applicant to collect the dues and deposit; the nature of his duty is only to cross check. It is further urged that the applicant has already been placed under suspension; the case of the applicant is distinguishable from coaccused Deepak Kumar. It is further submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 03.02.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
