Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17034 of 2021 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Pratap Singh,Milind Sen Bauddha Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 325 of 2020, under Sections 419, 420, 467, 468, and 471 IPC, P.S. Kabrai, District Mahoba, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. The alleged amount of Rs. 4,98,000/- was transferred in the account of applicant through alleged forged cheque but the account of applicant was misused by someone else and that applicant has not done any such transaction. It was also stated that after the said amount was transferred in the account of applicant, it has been further transferred into the account of Rinku Sharma and thereafter into the account of Aunj Bajpaye. It has been further submitted that co-accused Anuj Bajpaye has already been granted bail by co-ordinate Bench of this Court vide order dated 20.07.2021, passed in Criminal Misc. Bail Application No. 13164 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 28.10.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that in this case FIR has been lodged by the bank officials. It was stated that an amount of Rs. 4,98,000/- was withdrawn from the account of another person by way of forged cheque and it was transferred in the account of applicant.
Perusal of record shows that a forged cheque of Rs. 4,98,000/- pertaining to bank account of one Shri Jai Hind was prepared and the cheque was deposited in the account of applicant and after clearance, the said amount of Rs. 4,98,000/- was transferred in the account of applicant and thereafter he has transferred the said amount into the account of one Rinku and from there it was transferred into the account of Anuj Bajpaye. It is apparent that the main role in this transaction has been attributed to applicant and thus, he cannot claim parity with co- accused Anuj Bajpaye.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Dharmendra Kumar is hereby rejected.
Order Date :- 25.10.2021 A. Tripathi