Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43585 of 2018 Applicant :- Naved Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.157 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station Ganj, District Rampur.
It has been submitted by learned counsel for the applicant that the applicant is neither beneficiary nor is he authorized to issue any cheque, the then Tehsildar has also given statement that only Registrar/Kanoongo is authorized signatory to issue cheque. The applicant has not obtained any wrongful gain. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 29.09.2018.
Per contra, learned A.G.A. has submitted that the applicant happens to be computer operator in the office of Registrar/Kanoongo and the concerned cheque and payment receipt were kept in the possession of the applicant. The investigation has come out specifically that cutting and signature/interpolation were made in the record concerned due to which illegal transaction was effectuated. The huge amount over Rs.9,00,000/- have been duped by the applicant.
Considered the rival submissions and perused the material brought on record.
The cheque bearing no.445839 meant for payment of Rs.3500/- was converted into payment of Rs.9,03,500/- with the complicity of the applicant in favour of Rakesh Kumar in his bank account. No good ground is made out for bail. The bail application is rejected at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case.
Order Date :- 21.1.2019 rkg