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2025 DAILYLAW 45034 (ALL)

VIVEK KUMAR v. STATE OF U.P.

BAIL/13200/2025 · 2025-04-29

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68587 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13200 of 2025 Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Srivastava,Devaang Savla,Manas Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.0123 of 2024, under Section 409 IPC, Police Station - Saurikh, District - Kannauj. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is a bank employee of Bank of India and he is languishing in jail since 04.03.2025. It is submitted that as per the prosecution story, he has been alleged for siphoning off money from the 14 different account numbers but all the money had already been deposited in the respective accounts later on. Learned counsel for the applicant has further submitted that he has not committed any offence as alleged in the F.I.R. The siphoning off the money from the account numbers as alleged due to the some technical reasons. It is also submitted that he has clean incidents as no previous criminal history of the applicant. It is also undertaken that he shall abide with all terms and conditions as imposed by this Court while granting bail. It is informed the Court that the co-accused- Siddharth has already been exonerated by the police as no charge-sheet has been filed against co-accused- Siddharth. The investigation has been completed and charge-sheet has already filed against the applicant on 05.03.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA appearing on behalf of the State vehemently opposed the bail application of applicant, but he has not contradicted the facts that he is a man of clean incidents and charge-sheet has been filed but it was submitted that he was involved in the commission of crime as alleged against him for siphoning off money of 14 different account-holders. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the material on record. It is admitted fact that the applicant is bank officer. He is languishing in jail since 04.03.2025 and he is a man of clean incidents. Charge-sheet has been filed and there are no chance of completion of trial in near future. The learned AGA has not brought any material on record to establish that if the present applicant released on bail, he may influence the trial or influence any witness. 7. 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. 8. Let the applicant - Vivek Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (One lakh) 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.4.2025 Rama Kant (Chandra Dhari Singh, J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad