Neutral Citation No. - 2025:AHC:28978 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52110 of 2023 Applicant :- Sanjay Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Nikhil Shukla,Rajkapoor Upadhyay,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rajkapoor Upadhyay, learned counsel for the applicant, Shri S.K. Ojha, learned AGA for the State-respondents and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sanjay Prasad, seeking enlargement on bail in Case Crime No. 356 of 2023, under Sections 409, 504 of the Indian Penal Code, Police Station Bansdeeh, District Ballia. 3. It has been contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this very case for oblique motive. The F.I.R. giving rise to the aforementioned case crime number is stated to have been lodged by the Branch Manager Bharat Financial Inclusion Limited Indusind Bank alleging that the applicant who was working as Credit Branch Manager and one co-accused Anuj Kumar Singh have embezzled a sum of Rs. 23,23,379/-. The alleged embezzlement came to the light during the audit held in the month of June, 2006. It has been submitted that deposits of Rs. 9,47,000/- and 9,50,000/- were made on 18.05.2023 and further sums of Rs. 9,50,000/- and 9,97,800/- were made on 20.05.2023 in the Bank and no offence under Section 409, 504 I.P.C. is made out. 4. Per contra, learned A.G.A. submits that the applicant had admitted that he had embezzled the money along with the co- accused Anuj Kumar. The statement of the victims whose money is stated to have been embezzled has been brought on record which reveals that offence as alleged has been committed. Since the applicant is involved in financial embezzlement, applicant does not deserve the liberty of bail. 5. Learned A.G.A on the strength of counter affidavit, submits that the misappropriated money of Rs. 23,23,379/- has not been deposited by the applicant. The relevant paragraph No.4 of the counter affidavit is quoted hereinunder:- "That in compliance of the aforesaid orders of this Hon'ble Court it is being submitted there that accused/applicant never paid any penny from the misappropriated money of Rs. 23,23,379/- and the transaction shown by the applicant through cash deposit whose slips are annexed as Annexure No.4 and averred in Paragraph No. 12 of the affidavit filed in support of the above noted bail application that he has deposited Rs. 9,50,000/- on 18.05.2023, Rs. 5,47,000/- on 18.05.2023, Rs. 9,97,800/- on 20.05.2023 and Rs. 9,50,000/- i.e. total Rs. 34,44,800/- were deposited towards loan payments received by him on duty, which has no concerned with the misappropriated money and since the lodging of F.I.R. i.e. 18.08.2023 applicant has never deposited any penny in the concerned Bank Branch towards the misappropriated amount of Rs. 23,23,379/-. In this regard one Mohan Kumar Srivastava (Employee ID- 63410) has furnished a detailed report dated 23.02.2024 along with the relevant bank statement. Photocopy of the report dated 23.02.2024 furnished by Mohan Kumar Srivastava (Employee ID-63410) as well as relevant bank statement as well as report dated 24.02.2024 furnished by the police concerned are being filed herewith and marked as Annexure Nos. CA-1, CA- 2 and CA-3, respectively to this affidavit." 6. In view of the above, Court is not inclined to release the applicant on bail. Accordingly, instant bail application is rejected. Order Date :- 19.2.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad