Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8129 of 2019 Applicant :- Vinod Kumar Diwedi Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Tiwari,Navin Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. It is absolutely incorrect to say that entire stationery items which were purchased out of the contingency fund has been misused and misappropriated by the applicant, whereas, some part of the stationery items purchased from contingency fund that is per chance changed in wear and tear and cannot be imputed against the applicant. The departmental inquiry is still underway and the same has not yet been finished. However, the applicant though not admitting claim of the prosecution is ready to pay back Rs.88,000/- by way of demand draft in the contingency fund/government heads within one month provided one month's time is given to him releasing on bail, which will be subject to final outcome of the departmental inquiry. An undertaking is given that if the applicant fails to pay back the aforesaid amount, his bail may be cancelled. Applicant has no intention to escape liability fastened upon him. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.02.2019.
Though learned A.G.A. has vehemently opposed the prayer for bail but conceded that if applicant is ready to deposit the requisite amount in question, then Court may consider his bail application sympathetically.
In view of the submissions and the undertaking be given by the applicant that he will pay back amount by way of demand draft and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceeding, this bail application is allowed.
Let the applicant - Vinod Kumar Diwedi involved in Case Crime No.174 of 2018, under Section - 409 I.P.C., Police Station - Kotwali, District - Mau be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that he will pay back Rs.88,000/- by way of demand draft in the contingency fund/government heads within a period of one month next from the date of his release and will file proof of the same before the Chief Judicial Magistrate, Mau, failing which Chief Judicial Magistrate, Mau after expiry of the period and non-production of any proof qua deposition of money by the applicant in the contingency fund/government heads, shall cancel the bail.
Order Date :- 25.2.2019 rkg