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2021 DIGILAW 202 (JK)

Vikas Sharma v. Union Territory of J&K

2021-04-27

SANJAY DHAR

body2021
JUDGMENT : 1. The petitioner has filed the instant bail application under Section 439 Cr.P.C. seeking bail in FIR No. 83/2020 for offences under Sections 409, 418, 420, IPC registered with Police Station, Sunderbani, Rajouri. 2. The facts giving rise to the filing of the instant bail application are that the aforesaid FIR came to be registered on the basis of a complaint lodged by the employer of the petitioner i.e. J&K Bank through its Manager, Mr. Ashutosh Gupta, wherein it was alleged that the petitioner had withdrawn an amount of Rs. 37,63,838/- from various account holders of the Bank during his tenure in the J&K Bank, Branch Sunderbani with an intention to commit fraud and criminal breach of trust as a Banker for his wrongful gain and wrongful loss to the Bank and its customers. On the basis of the aforesaid complaint, a FIR No. 83/2020, for offences under Sections 409/418/420 IPC came to be registered with Police Station, Sunderbani. 3. The investigation was set into motion and the petitioner came to be arrested on 30.11.2020. After investigation of the case, offence under Sections 409, 418, 420 IPC stands established against the petitioner and challan has been laid before the Court on 19.02.2021. 4. It has been contended by learned counsel for the petitioner that the mother of the petitioner has been diagnosed as a case of Cancer Vagina Stage III A and, as such, she requires physical as well as emotional presence of her only son during illness and treatment. On this ground the petitioner has sought temporary bail for a period of two months. 5. The respondent has resisted the application on the grounds that the petitioner has committed serious offences inasmuch as, he is involved in fraudulently withdrawing an amount of Rs. 37,63,838/- from the different account holders of J&K Bank, where he was serving as an employee. It has been further contended that the petitioner is involved in a heinous crime inasmuch as, investigation in the case has revealed that the petitioner has spent the money which he had fraudulently withdrawn from different account holders, in purchasing of a flat, in solemnizing the marriage of his sister and also for purchasing of different types of cars. On these facts, the respondent has sought dismissal of the petition. 6. I have heard learned counsel for the parties and perused the material on record. 7. On these facts, the respondent has sought dismissal of the petition. 6. I have heard learned counsel for the parties and perused the material on record. 7. It appears that the petitioner had approached the learned trial court i.e., the Court of Principal Sessions Judge, Rajouri for grant of bail, but the said application was declined by the said court vide its order dated 26.02.2021. The application was dismissed on the technical ground that the bail application in the name of the petitioner had been moved by an unauthorized person. 8. Since the petitioner is seeking bail in the instant case on the humanitarian grounds and not on merits, as such, we need not to go into the merits of the case. The petitioner has paced on record documents to show that his mother Mrs. Amar Jyoti Sharma is suffering from Cancer Vagina Stage III A. The documents further go on to show that mother of the petitioner is undergoing treatment in Max Super Speciality Hospital, Shalimar Bagh, New Delhi. It has been contended that the petitioner is the only son of his mother and there is no other male member in the family to look after his ailing mother. There is no denial to this fact from the respondent. 9. Keeping in view the seriousness of aliment of the mother of the petitioner as also the fact that in such type of serious ailments the presence of petitioner, being the only son, with his ailing mother is absolutely necessary, a case for grant of bail on humanitarian grounds is made out. Even otherwise the presence of petitioner before the investigating agency at this stage is not needed, because the investigation has been completed and the challan has been laid before the trial court. 10. For the forgoing reasons, the application is allowed and the petitioner is admitted to temporary bail for a period of two months from today, subject to the following conditions:- 1. That he shall furnish bail bond with one surety in the amount of Rs. 1,00,000/- to the satisfaction of the learned trial court; 2. That he shall appear before the trial court on each and every date of hearing, unless exempted from appearance by the said Court; 3. That he shall not tamper with the prosecution evidence; 4. That he shall furnish bail bond with one surety in the amount of Rs. 1,00,000/- to the satisfaction of the learned trial court; 2. That he shall appear before the trial court on each and every date of hearing, unless exempted from appearance by the said Court; 3. That he shall not tamper with the prosecution evidence; 4. That in case petitioner leaves the limits of Union Territory of Jammu and Kashmir in connection with the treatment of his mother, he shall furnish his address as well as his Mobile Number to the investigating officer; 5. Upon expiry of the term of bail, the petitioner shall surrender before the learned trial court. 11. The application stands disposed of in the above terms.