Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34048 of 2019 Applicant :- Ankur Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Kashif Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ankur Shukla, who is involved in Case Crime No. 389 of 2019, under Sections 420, 409 I.P.C., P.S. Friends Colony, District Etawah, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that he being Branch Manager of alleged Branch of State Bank of India was under acquaintance with informant / complainant Virendra Singh. Two other employees, namely, Rohit and Navin Kumar were also acquainted with informant. Informant had taken money from applicant and under his issuance of withdrawal, above amount of Rs.1,20,000/- on three different occasions, was withdrawn by applicant and the same is entered in pass- book of informant concerned. The other employees have also taken money in lieu of withdrawal issued by informant, but subsequently this false case was got registered. Applicant is in jail since 16.07.2019, whereas he is ready to make payment of Rs.1,20,000/- withdrawn by him. Hence, he being of no criminal antecedent, be enlarged on bail.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report lodged by Virendra Singh for offence punishable under Sections 420, 467, 468, 409 I.P.C. is of this contention that informant was having his saving bank account at S.B.I., of which there was a C.S.P. near Vijay Nagar Chauraha, in which Ankur Shukla was Branch Manager and two others were employees. When he got his pass-book entry at main Branch Shashtri Chauraha, Etawah, he found deficiency of amount of his account. Then again he tallied the same with entries recorded at above Sub Branch Office and found withdrawal of money in total Rs.3,14,538/- in between 03.04.2019 to date of complaint, and this was syphoned by those named accused persons. The computer entry of withdrawal is in the name of those accused persons, which are being said to be withdrawn under bona fide transaction.
This is a question of fact to be seen in the trial, but accused applicant being of no criminal antecedent and offence being triable by Magistrate-Ist Class, a case for bail during trial is there subject to deposit of Rs.1,20,000/- by applicant in the account of informant.
This bail application is accordingly allowed.
Let the applicant Ankur Shukla, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.8.2019 NS