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Allahabad High Court · body

2015 DIGILAW 1578 (ALL)

Ramesh Kumar v. State of U. P.

2015-06-19

VINOD KUMAR MISRA

body2015
JUDGMENT Vinod Kumar Misra, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. According to the prosecution story, the applicant obtained the loan amount worth of Rs. 50,03,109/- from the loanees of above investment Limited Company but did not deposit the same with the Company and digested the entire money and when the money was demanded, he abused and threatened the officials of the company. It is further submitted that documentary evidence clearly shows that out of Rs. 50,03,109/-, Rs. 48,39,593/- has already been depoisted by the applicant between 15.2.2011 to 22.4.2013 with the bank and regarding Rs. 1,84,322/- the defaulter loanees have given applications to the company and sought further time to deposit their installments. It is submitted by learned counsel for the applicant that the allegations levelled upon the applicant are false and fabricated. It is also submitted that the applicant is ready to deposit the rest amount. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence and is in jail since 5.5.2015. 3. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. 4. Let the applicant Ramesh Kumar involved in Case Crime No. 86 of 2014, under Sections 420, 406, 504 and 506 I.P.C., P.S. Hasayan, District Hathras, 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 with the following conditions; (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurise/intimidate the prosecution witness. (iii) The applicant will appear before the trial court on the date fixed. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.