Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14957 of 2018 Applicant :- Gopal Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Srikant Tiwari,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Prashant Sharma, learned counsel for the applicant and learned A.G.A. for the State.
As per prosecution case on the complaint of Sri Awdesh Narayan Sharma dated 07.07.2017, a preliminary enquiry was conducted by the three members committee and the said committee submitted their report on 10.07.2017 in which applicant Sri Gopal Kapil, Ex-manager of Evening Branch of District Cooperative Bank, District - Saharanpur was found prima facie guilty of misappropriation of Rs.6,10,92,572/-. Consequently a first information report was lodged by Sri Ashok Kumar Singh Deputy General Manager, District Cooperative Bank.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. It is next submitted that Atul Gupta, Cashier of the said bank was examined by the Investigating Officer on 23.07.2017 in which no allegation has been assigned against the applicant regarding complicity in the said scam. It is further submitted that thereafter on 30.07.2017 Sri. S.P. Saxena and Sri Awdesh Narayan Mishra (consumer of the Bank) have been examined by the Investigating Officer and their statements were recorded on parcha no.5.
Learned counsel for the applicant further submits that the matter is essentially of a civil nature and has been given a cloak of criminal offence, and the present case has been filed with malafide intention to victimize and harass the applicant. It is also contended that Co-accused Smt. Vandana Saini has already been released on bail by this Court on 19.1.2018 in Criminal Misc. Bail Application No.50012 of 2017, copy of which has been produced by the applicant's counsel which is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.10.2017. Apart from it, the applicant has no other reported criminal antecedent..
Per contra, learned A.G.A. submitted that a huge amount of money has been misappropriated by the applicant fraudulently and dishonestly by committing fraud and forgery and, therefore, he is not entitled for indulgence by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties as well as the undertaking given by the applicant, I am of the view that the applicant should be granted bail.
Let the applicant, Gopal Kapil, involved in Case Crime No. 200 of 2017, under Sections 409, 420, 467, 468 and 471 I.P.C., Police Station - Kotwali Nagar, District - Saharanpur 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 and also subject to furnishing security other than cash or bank guarantee equal to the amount in question i.e. Rs.10, 00, 000/-, before his release.
It is made clear that furnishing of aforesaid security by the applicant will not, in any way, prejudice the right/defence of the applicant during the trial of the case.
In case the applicant is acquitted in the present criminal case by the court of law, aforesaid security, if furnished by the applicant, shall be discharged in his favour.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 24.4.2018 KR