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2025 DAILYLAW 105303 (ALL)

MOHIT SHARMA v. State of UP

BAIL/39152/2024 · 2025-05-04

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73069 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39152 of 2024 Applicant :- Mohit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire material available on record. 2. The applicant- Mohit Sharma has filed the instant bail application with a prayer to enlarge him on bail in Crime No.481 of 2022, under Sections 409, 420 I.P.C., Police Kayamganj, District Farrukhabad. 3. The prosecution story in brief is that on 04.12.2022, informant who is, Sub Divisional Officer, Kayamganj through an informer has got an information that an amount of electricity bill of Kayamganj City is being reduced through the Computer system without depositing the amount. Believing this information, on date when the bills of all 15,000 Electricity consumers of RAPD RP Kayamganj Town were checked from 4.12.2022 to 18.12.2022, it was found that near about 600 Electricity bills, the amount of lacs was shown less on system without depositing it. Computer operator Mohit Sharma son of Asharam used to make electricity bill of new electricity consumers from my office computer system on my I.D. The operator, in connivance with meter reader supervisor Nitin Bajaj reduced the amount from the computer without depositing the bill. The reduced amount has been added to the electricity bills again. The abovementioned computer operator and meter reader supervisor have been charged with misuse of the system, embezzlement of government money and tampering with forged document. Thereafter the present FIR was lodged on 20.12.2022. 4. Learned counsel for the applicant submits that the real fact of this case is that applicant was offered a job through out sourcing at Dashinanchal Vidyut Vitran Nigam Limited, Kayamganj (Rural) before three years and his salary was provided by the employer company. The applicant was posted as computer operator and assigned Job relating to letter drafting and making reports in in IGRS, later on, the higher authorities were came to know about fraud of huge amount in collection of electricity bills in Kayamganj, thereafter SDO Kayamganj has lodged the present FIR in hurry and falsely manner. Learned counsel for the applicant has next submitted that the co-accused Nitin Kumar alias Nitin Gajaj whose role is on the same footing has already been released on bail by this Court on 29.04.2024 in Crl. Misc. Bail Application No. 38581 of 2024. The applicant has no criminal history. He next submits that applicant is languishing in jail since 12.08.2024. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that the applicant with the connivance with the co-accused used to reduce the bills of the consumers. The applicant used to sits near the co-accused, he knows the pass words and I.D of the S.D.O. which shows from the parcha No. 2 of the case diary. Parcha No. 16 of the case diary also shows that in between June 2022 to November 2022 the applicant has reduced the bills of Rs. 95/- lacs of 600 consumers without payment which causes huge loss of the government money. . 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 7. Accordingly, the bail application stands rejected. Order Date :- 5.5.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad