ANSHUMAN DUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) This bail application under Section 439 of Code of Criminal Procedure is filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No.153 of 2020, under Sections 406, 409, 411, 120B, 420, 467, 468, 471 IPC, Police Station - Civil Lines, District - Allahabad, after rejection of his bail application, vide order dated 15.10.2020 passed by Sessions Judge, Allahabad.

(2.) Amit Malviya - Manager, Kotak Mahindra Bank, Branch at S.P. Marg Civil Lines, Allahabad (complainant) submitted a written report against the applicant for the commission of offence under Section 409 and 406 of Indian Penal Code on 5.4.2020, alleging that applicant was working as Service Developer Officer (S.D.O.) at the said Branch since 2015. On 4.4.2020, it came into the knowledge of Branch that applicant has misappropriated the amount of Rs.9,46,27,500/-. It was further alleged that the Central Reading Unit (C.R.U.), had intimated through e-mail that details of account of Kotak Bank in the Bank of Baroda Branch, Khuldabad, which was used for the purpose for Currency Chest were not matching. On the basis of said e-mail, further investigation were undertaken; that applicant was authorized to send cash from the Branch of Kotak Bank to the Branch of Bank of Baroda and Union Bank of India to deposit in the Currency Chest Account. This facility was undertaken because there was no currency Chest of the Kotak Bank. During inquiry, the applicant has admitted in writing that he alone misappropriated the entire amount. He also admitted that while disposing the amount in Chest Branch, he used to deposit less amount and converted the remaining amount to his personal use, for the last 1 years. Applicant also shared the name and phone numbers of those persons with whom, he shared the proceeds, with details of amounts.

(3.) After lodging the First Information Report, investigation commenced. The Investigating Officer arrested the applicant when he was trying to flew away on 10.4.2020, along with cash money and jewellery. The total cash recovered was of Rs.42,33,500/-. Jewellery made of gold and silver weighting about 1.2 kilogram, was also recovered from his possession.