Allahabad High Court
Avdhesh Kumar Tyagi vs State Of U.P. on 3 June, 2022
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51580 of 2021 Applicant :- Avdhesh Kumar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey,Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and Sri Manu Ghildyal, learned counsel for the complainant as well as learned Additional Government Advocate for the State respondents.
The present bail application has been filed by the applicant seeking bail in Case Crime No.- 520 of 2018, under Sections 409, 420, 467, 468, 471 I.P.C., Police Station - Hathras Gate, District- Hathras with a prayer to enlarge the applicant on bail.
As per the allegations made in the first information report the applicant who has been working with the department as Store Keeper has misappropriated the goods and articles worth Rs.1,51,74,184/- causing huge financial loss to the department.
Learned counsel for the applicant has argued that in connection with the aforesaid case several persons were reported to be working at the store in question but no first information report was lodged against them and chargesheet has been filed in which the applicant only has been named.
It is further argued by learned counsel for the applicant that in connection with aforesaid charge a departmental inquiry was instituted and minor penalty of recovery has been imposed reinstating the applicant in service and adjusted the recovery amount from the salary of the applicant in 184 installments.
He next submits that whatever investigation had been conducted in the matter at the end of the police, the chargesheet has been submitted and the applicant is facing the trial. Insofar as the departmental inquiry is concerned, the applicant stands reinstated and, therefore, he is entitled to work as an employee of the department and receive regular salary.
It is also submitted that the applicant is in jail since 3rd October, 2021 and there is no criminal history to the credit of the applicant.
Learned counsel appearing for the informant as well as learned Additional Government Advocate have opposed the prayer for grant of bail on the ground that the applicant has also been previously involved in misappropriation of goods and articles resulting in financial loss to the department concerned and in respect of which he has previously paid back the money.
It is next submitted that the applicant is habitual offender in the matter of misappropriation of goods and articles. However, neither Mr. Ghildyal nor, learned Additional Government Advocate could explain as to how in the departmental proceedings only minor penalty has come to be imposed with reinstatement when the applicant was liable to be inflicted with major penalty being guilty of misappropriation of goods and articles worth more than one crore.
Upon perusal of the records it transpires that insofar as the departmental inquiry is concerned, the offence was not found to be proved to be such a misconduct so as to impose major penalty upon the applicant.
Considering overall facts and circumstances of the case and the stand taken by the department in the departmental proceedings and the fact that the charge sheet has already been submitted by the police, in my considered view, a case for bail has been made out.
Accordingly, the applicant Avdhesh Kumar Tyagi is admitted to bail.
Let the applicant- Avdhesh Kumar Tyagi involved in the aforesaid crime be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned, subject to the condition that he would not misuse the liberty of bail.
The bail application thus stands allowed.
Order Date :- 3.6.2022 Atmesh