Neutral Citation No. - 2025:AHC:41906 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2977 of 2025 Applicant :- Sunil Kumar Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 278 of 2024, registered under Sections 120-B & 409 I.P.C., Police Station- Prem Nagar, District- Jhansi, during pendency of the trial. 4. Allegation in the first information report is that applicant, who was Assistant Cashier in UPSRTC, Jhansi, on 10.06.2024, after collecting cash amount of Rs. 39,34,489/-, went to deposit the same in Punjab National Bank along with Sri Yogendra Singh @ Yogendra Singh Parmar, Security Services Guard, and cash van driver. They reached bank at about 10:02 in the morning and handed over Rs.39,34,489/- to Head Cashier, Manish Kumar for depositing the same in the bank. The Head Cashier, Manish Kumar, counted the money. In the meantime, applicant at about 10:15 in the morning, left the bank but the Security Guard, Yogendra Singh @ Yogendra Singh Parmar, was present and applicant directed him to collect deposit slip from the bank. When, deposit slip was not handed over to informant, then, informant went to bank and asked for deposit slip, thereafter, Bank Manager handed over deposit slip of Rs.11,34,489/- to the informant. When informant inquired the matter, he found that Security Guard, Yogendra Singh @ Yogendra Singh Parmar, took away Rs. 28,00,000/- from the Head Cashier, Manish Kumar and deposited Rs.11,34,489/- in the bank. Amount of Rs.28,00,000/- has not been returned to the informant. 5. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant handed over Rs.39,34,489/- to the Head Cashier, Manish Kumar of the Punjab National Bank. When cashier was counting the amount, applicant left the bank directing the co-accused, Yogendra Singh @ Yogendra Singh Parmar, Security Guard to collect deposit slip of Rs. 39,34,489/- from the Head Cashier, Manish Kumar. He next submitted that Head Cashier, Manish Kumar in collusion with Security Guard, Yogendra Singh @ Yogendra Singh Parmar handed over Rs. 28,00,000/- to Security Guard, Yogendra Singh @ Yogendra Singh Parmar, which is evident from the statement of Head Cashier, Manish Kumar and other evidences collected during investigation. Applicant is having no concern with the alleged embezzlement. Prima facie, offence is made out against co-accused, Yogendra Singh Parmar. It is argued by learned counsel that applicant handed over the entire amount to Bank Cashier for deposit but Bank Cashier without taking any instruction from the applicant returned Rs. 28,00,000/- to co-accused, Yogendra Singh Parmar. He next submitted that Security Guard, Yogendra Singh @ Yogendra Singh Parmar, is still absconding and he has not been arrested by the police till date. From the documents annexed with the bail application, it is evident that co-accused, Yogendra Singh @ Yogendra Singh Parmar has embezzled the amount of Rs. 28,00,000/- Further, co-accused, Manish Kumar has been granted bail by Trial Court vide order dated 11.12.2024. Applicant is languishing in jail since 01.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial. 6. Per contra, learned A.G.A. has opposed the bail application of the applicant and submitted that, prima facie, offence is made out against the applicant, as such, applicant is not entitled for bail. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Sunil Kumar Tiwari, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad