Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 48300 (ALL)

SAMEER KUMAR PANDEY v. STATE OF U.P.

BAIL/13755/2025 · 2025-05-29

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:93792 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13755 of 2025 Applicant :- Sameer Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Giri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amrendra Nath Singh, learned Senior Counsel assisted by Sri Abhishek Giri, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 713 of 2007, under Sections 406, 409, 419, 420, 467, 468 of IPC, Police Station - Gopiganj, District - Bhadohi, during the pendency of trial. 4. Learned Senior Counsel for the applicant has stated that the applicant had worked in the bank on contractual basis as master creation for about nine months but it was revealed on 30.12.2006 that some person had come for withdrawal of amount but after a suspicion arose, he ran away from the bank. It was revealed later on that it was the applicant, who had ran away from the bank on that date. The said revelation came on 26.09.2007 i.e. after a delay of about nine months. It is alleged that the applicant had duped six customers of the bank to the tune of Rs.3.5 lakhs by forging their signatures. 5. Learned Senior Counsel has further argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. It is a clear cut case of false implication. The applicant has been made an scapegoat by the bank officials as he was a petty employee on contractual basis. The FIR is delayed and there is no explanation of the said delay caused. 6. Learned Senior Counsel has also stated that no money can be withdrawn from the bank without passbook and signatures being identified by the officials as provided by the banking rules. The case is triable by magistrate. There is no criminal history of the applicant. The applicant is languishing in jail since 01.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the case is triable by Magistrate, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sameer Kumar Pandey, who is involved in aforementioned 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad