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Gautam Singh vs State of Uttarakhand

Uttarakhand High Court · Decided on 16 November 2011 · Citation: (2011) 11 UK CK 0002

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 409
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 1023 of 2011

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Judgment

6 paragraphs · 187 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

Applicant Gautam Singh, who is in jail in connection with F.I.R. No. 63 of 2011, relating to offence punishable u/s 409 I.P.C., Police Station- Jaspur, District Udham Singh Nagar, has sought his release on bail.

3.

Applicant is said to be In-charge Mini Bank of Mahuwa Dabra Cooperative Society, and it is alleged that he deposited Rs. 44,46,427/- but withdrew an amount of Rs. 49,31,539, as such it was alleged by the Assistant Development Officer, (Cooperative Societies) that Rs. 4,85,112/- was embezzled.

4.

Learned counsel for the applicant submitted that it is not a case of embezzlement but a case of overdraft amount. It is further submitted that shortage of deposit has already been made good.

5.

In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail.

6.

The bail application is allowed. Let the applicant Gautam Singh, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur.