High CourtsSingle Bench

Angrej Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 25 May 2023 · Citation: (2023) 05 UK CK 0080

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 406, 420
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2856 Of 2022
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Judgment

8 paragraphs · 295 words

Vivek Bharti Sharma, J

1.

Applicant Angrej Singh, who is in judicial custody in FIR No.263 of 2022, under Sections 406, 420 IPC, Police Station Gadarpur, District Udham Singh Nagar, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant would submit that the applicant/accused is languishing in jail since 23.11.2022; charge sheet has been filed and charges has also been framed; that, despite six hearings no evidence has been recorded. Counsel for the applicant would further submit that the present case is purely of civil nature; that, there was no cheating or concealment by the applicant/accused as alleged by the prosecution, rather it was the bank itself, who has inadvertently deposited Rs.30,32,478/- in the account of the present applicant/accused.

4.

Mr. V.S. Rathore, AGA for the State opposed the bail application, however, he would admit the fact that the amount of Rs.30,32,478/- has wrongly been transferred by the bank employees in the account of the applicant/accused and that inspite of being requested he is not returning that money and he has used that money.

5.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

6.

The bail application is, accordingly, allowed.

7.

Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 1,00,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court. The applicant will surrender his passport, if any, before the Trial Court and will not go out of the boundaries of District without the permission of the trial court.