Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2977 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Arshad Ullah Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Sushil Kumar Pandey, Advocate has filed his Vakalatnama on behalf of the respondent/victim, the same is taken is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, Sri Sushil Kumar Pandey learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.1180 of 2017 under Sections 420, 467, 468, 409, 477A and 431 I.P.C., Police Station - Khatauli, District - Muzaffar Nagar.
Crux contention raised before this Court is that no offence whatsoever has been committed by the applicant and applicant is merely clerk in the society. He has neither issued any forged receipt nor has he gained any wrongful advantage. To say that the applicant embezzled Rs. 69,750/- is absolutely baseless and without any reason. There is no possibility of the applicant absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 13.10.2018.
Per contra, learned A.G.A. assisted by Sri Sushil Kumar Pandey, learned counsel for the victim - Devdutt has submitted that after the F.I.R. was lodged, the departmental inquiry was conducted, wherein the complicity of the applicant has emerged that the victim has been duped of Rs.69,750/-, which amount need be returned by the applicant cannot be denied.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
It is made clear that the observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 22.1.2019 S Rawat