Neutral Citation No. - 2025:AHC:76868 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10397 of 2025 Applicant :- Chandrabhushan Rai Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Rai,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Learned counsel for the applicant has made necessary correction in the memo of bail application, today in the Court, after getting permission from the Court. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for regular bail in Case Crime No. 44 of 2025, under Sections 316(5), 318(4), 3(5) of B.N.S., Police Station - Rasra, District - Ballia, during pendency of trial. 3. Learned counsel appearing on behalf of the applicant submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant is a Branch Manager in Baroda U.P. Bank, Branch Sanwara, District Ballia and also a renowned person in the society as well as permanent resident of Ballia. Applicant is a man of clean antecedent and he has no criminal history. As per entire service record of the applicant, there is no allegation against the applicant. It is fairly conceded that due to negligence, he has given key of the Strong Room to the co-accused-cashier Swaminath Ram and Peon Sunil Yadav. It is further submitted that he was not aware about commission of alleged offence by both the co-accused persons. Nothing incriminating has been recovered from the possession of applicant. It is further submitted that as per investigation of the police, a heavy transaction has been shown in the account of co- accused Sunil Yadav. No specific role has been assigned to the applicant only the allegation is he was negligent on his duty and has failed to perform his duty as a Branch Manager of the said Branch. It is also submitted that applicant is the man of clean antecedents having no previous criminal history. Applicant is languishing in jail since 04.02.2025. 4. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 5. Per contra, learned A.G.A. vehemently opposed the bail application of applicant and referred in paragraph nos. 8 & 9 of the status report dated 26.04.2024 that applicant is the main culprit as he has handed over the original key to the unauthorized person, who has taken money from the Strong Room. There was no key related register found in the said Branch and applicant is the primary suspect person about theft of cash from the Bank in this case. 6. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of State, perused the contents made in bail application and material available on record. 7. It is admitted fact that applicant is a Bank Manager of the said Bank and it cannot be denied that he is responsible for any incident, which has been taken place in the Bank. The money, which has been stolen from the Strong Room of the said Bank and also admitted the fact that the Branch Manager and Cashier, both the officials are responsible for opening the Strong Room as the keys of Strong Room are in possession of both the officials. Learned counsel for the applicant has not denied the responsibilities of the Branch Manager and stated that due to rush in the Bank and in good faith, he has given key of Strong Room to the co-accused persons for withdrawing money for banking purpose. I have convinced at this stage that applicant was negligent on his duty as he has committed mistake by giving key of the Strong Room to an unauthorized person for withdrawing money for banking purpose but prima facie at this stage, I do not find any credible material on record to connect the applicant for commission of any offence with criminal intent and also he is a deep rooted person in the society and his entire service record is clear and also retired from his service. He is the man of clean antecedents and languishing in jail for about three months, there is no possibility of completion of trial in near future and there is no material brought on record by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Chandrabhushan Rai, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (One Lac) 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case,(2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (iii) The applicant shall also surrender his Passport, if any, to the concerned Court/S.H.O. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad