Shailendra Kumar Upadhyay vs State of U.P.

G.P. Srivastava, J.—The applicant was posted as clerkcum cashier in District Cooperative Bank Kasganj District Etah. He lodged F.I.R. regarding loot committed in the Bank but during the investigation allegation made in the F.I.R. were found false. During course of investigation it was found that the applicant alongwith coaccused Abdul Mannan Manager of the said Bank in collusion with each other embezzled Rs. 22,46,676/. The Bank authority had made enquiry and the enquiry report shows that Rs. 23,46,676/ have been embezzled by the accused persons and there is possibility to detect more embezzlement. It has been informed that coaccused Abdul Mannan has not yet surrendered.

Learned Counsel for the applicant has argued that the first amount of embezzlement as per report of enquiry AnnexureII of counteraffidavit of Karam Singh does not relate to him as he was not posted in the Bank on the date of embezzlement i.e. 122005. He has further argued that all the documents are in the handwriting of coaccused Abdul Mannan. Therefore, the applicant cannot be held liable.

There is definite allegation of embezzlement by the applicant and coaccused amounting a large sum i.e. Rs. 23,46,676/. The conduct of the applicant in lodging false F.I.R. shows his guilty mind to conceal the offence. The allegation against the applicant has been levelled after due enquiry. There is no ground for bail. The bail application is rejected.