Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28187 of 2019 Applicant :- Avinash Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Avinash Kumar in connection with Case Crime No.0995 of 2018, under Sections 406, 409, 420 I.P.C., P.S. Delhi Gate, District Aligarh.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is a retired employee and is aged about 62 years and is suffering from various age related ailments. He submitted that the allegation against the applicant is that the applicant has embezzled Rs.6,33,548/- of the various account holders of the bank. He submitted that it is further mentioned in the first information report that the applicant had used the password of the other employees of the bank and embezzled the money of the various account holders of the bank and then transferred it to the account of his relatives. He further submitted that the applicant had not used the password of the other bank employees and has been falsely implicated in this case. He further submitted that the previous criminal history of the applicant has been satisfactorily explained in paragraph no.17 of the bail application. He further submitted that the applicant has already returned the money to the various account holders. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 13.05.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Avinash Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 R./