Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41640 of 2018 Applicant :- Sapna Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi,Jai Bahadur Singh,Mani Shanker Pandey,Pankaj Kumar Pandey,Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Ashok Kumar Singh,Jiya Lal Patel
Hon'ble Rajul Bhargava,J.
Heard Sri I.K. Chaturvedi, learned senior counsel assisted by Sri Jai Bahadur Singh and Sri Shailendra Kumar Rai, learned counsel for the applicant, Sri Ashok Kumar Singh, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 1031 of 2016, u/s 419, 420, 467, 468, 471, 408 I.P.C., P.S. Jamaniya, District Ghazipur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is lady and has been made a victim by the first informant on account of complaint made by the applicant's father against the first informant and other members of the committee of management regarding embezzlement. It is further submitted that in the counter affidavit filed by counsel for the informant except making bald and general allegation that the applicant being cashier of the Institution has embezzled Rs. 50 lakhs, has not mentioned any detail as to in what manner defalcation of huge amount was done by the applicant. He further submitted that in the F.I.R., counter affidavit and the evidence collected during investigation it is alleged that the applicant working as cashier used to issue receipt to the students and after collecting huge amount misappropriated the same, however, neither details of the amount embezzled has been collected during investigation nor has been placed along with counter affidavit by counsel for opposite party no. 2. Lastly, it is submitted that the applicant is a lady, is in jail since 10.10.2018.
Per contra learned counsel for the informant has opposed the prayer for bail and submitted that there is ample evidence against the applicant for embezzlement of huge amount of Rs. 50 lakhs and the I.O. also seized footage of CCTV camera wherein the applicant is seen keeping money of the college in her purse. However he could not point out anything evidence or details of the alleged misappropriation of Rs. 50 lakhs.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sapna Pandey involved in the aforesaid case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 Dhirendra/