Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48941 of 2018 Applicant :- Kishanchand Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Govil Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 386 of 2017 under Sections 420, 468, 471 of IPC, Police Station Phase-2, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that the applicant was not named in the FIR; that the entire prosecution case is bogus and no offence has been committed by the applicant; that the FIR has been lodged after four years of depositing the alleged cheque and as per the FIR, one Deepak has deposited the cheque no. 525157 but thereafter prosecution has come up with another version by stating that number of cheque was 525159. It was submitted that the applicant has neither forged the cheque nor presented the same for encashment rather his account has been misused for the cheque no. 525159. It was further submitted that there is no credible and substantiable evidence against the applicant. It is further argued that the applicant is in jail since 26.9.2018 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail and argued that the person named in the FIR i.e. Deepak and the applicant Kishanchand are one and the same person. During investigation, credible evidence has been collected that the alleged cheque was forged and misused by the applicant and by way of cheating and he has withdrawn and embezzled an amount of Rs. 9,89,600/- from the account of Pulse Polio Immunization. This amount was to be utilized for Pulse Polio Immunization. Regarding delay in lodging FIR, it was submitted that the alleged misdeed of the accused-applicant came into light after audit and thereafter, FIR was lodged. Learned AGA has further submitted that alleged amount of Rs. 9,89,600/- was transferred by the applicant in his account at Oriental Bank of Commerce Branch Gejha Bhangel by presenting the alleged forged cheque in his account and that this amount was withdrawn by the applicant within three days. It was further submitted that the applicant accused cannot take advantage of clerical error in the number of cheque as the number of cheque was corrected later on.
As per the prosecution case, applicant-accused had deposited the forged cheque of Rs. 9,89,600/-, purportedly issued by real account holder in intensified Pulse Polio Immunization and withdrawn and embezzled the alleged amount by presenting the cheque in his account while this cheque was never issued by the account holder Pulse Polio Immunization and even that cheque of such number was not issued to the account holder by the bank. Keeping in view the submission of learned counsel for the parties, nature and gravity of accusation made against the applicant, amount involved and all the attending facts and circumstances of the case, without expressing any opinion of the merits of the case, no case of bail is made out.
The prayer for bail is rejected.
However, keeping in view the period of detention of the applicant, learned trial court is directed to decide the case expeditiously preferably within the period of eight months from the receipt of copy of this order.
Order Date :- 11.6.2019 Mohit Kushwaha