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[Cites 6, Cited by 2]

Allahabad High Court

Shambhu Nath Yadav vs State Of U.P. Thur. S.P., C.B.I.,/Acb, ... on 16 July, 2010

Court No. - 28

Case :- BAIL No. - 5273 of 2010

Petitioner :- Shambhu Nath Yadav
Respondent :- State Of U.P. Thur. S.P., C.B.I.,/Acb, Lucknow
Petitioner Counsel :- P. Chakravarty
Respondent Counsel :- Bireshwar Nath

Hon'ble Shri Kant Tripathi,J.

Heard the learned counsel for the applicant and the learned AGA and perused the record.

The learned counsel for the applicant submitted that the main role of sanction of loan and its disbursement was of the Branch Manager and the applicant, who was the filed officer, had merely recommended for grant of loan on the basis of documents produced. It was also submitted that the Branch Manager has already been enlarged on bail. The entire loan amount has also been repaid in the year 2006.

There does not appear to be any reasonable ground to believe that the applicant will temper with the witnesses or abscond, if released on bail. Keeping in view the nature of the offence, evidence, complicity of the accused, the severity of the punishment and submissions of the learned counsel for the applicant and the learned AGA, I am of the view that the applicant has made out a case for bail.

Let the applicant Shambhu Nath Yadav involved in case crime No. 2 (A) of 2006 under sections 120B IPC read with section 420, 468, 471 IPC and section 13 (2) Read with section 13 (1) (c) and (d) of the Prevention of Corruption Act, 1988, P.S. CBI/ACB, Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Order Date :- 16.7.2010 MTA