Allahabad High Court
Virendra Kumar vs C.B.I. , Dehradoon on 29 July, 2010
Author: Arvind Kumar Tripathi
Bench: Arvind Kumar Tripathi
Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26361 of 2009 Petitioner :- Virendra Kumar Respondent :- C.B.I. , Dehradoon Petitioner Counsel :- Sushil Kumar Shukla Respondent Counsel :- G.S. Hajela Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the C.B.I. and perused the record.
Learned counsel for the applicant submitted that applicant was ledger clerk. There was allegation that on the basis of forged entries amount was withdrawn from the account of account holders. In fact for withdrawal of the amount verification and payment has to be made by the account clerk. If there are any doubt regarding the signature that has to be referred to Assistant Post- Master or to Post Master as the case may be. He further submitted that applicant was posted at the Sub-Post Office on 12th, September, 2005. When applicant came to know regarding forgery and issuance of forged pass book then complaint was made by the applicant on 3rd July, 2006. Departmental inquiry was also initiated. It appears that due to that reason applicant was falsely implicated in the present case. In the present case, the applicant is in jail since 16.4.2009.
Learned counsel for the C.B.I. opposed the aforesaid prayer for bail on the ground that applicant was involved in conspiracy of withdrawal of amount, who was ledger clerk. The applicant has to verify the signature. There was omission and commission on the part of the applicant hence he is not entitled for bail.
In view of the above, without expressing any opinion on merit, it is a fit case for bail. Let the applicant Virendra Kumar be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of court concerned in Special Case No.2/091, under Sections 120-B, 420, 467, 468, 471 IPC and 13(2) read with Section 13(1) (D) Prevention of Corruption Act, 1988, P.S. C.B.I. Dehradoon, District Dehradoon.
Order Date :- 29.7.2010 Pramod