YAWAR JAVED Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajiv Sawhney, learned counsel for applicant - Yavar Javed and learned A.G.A.

(2.) THIS is the third bail application on behalf of applicant Yavar Javed in Case Crime no. 239 of 2011 under Sections 420, 467, 468, 471, 120 -B IPC, P.S. Nagina, District Bijnor. The first bail application has rejected by this Court on 12.01.2012 and thesecond bail application was dismissed on 20.09.2013 for want of prosecution.

(3.) AN FIR was lodged by the Branch Manager of the Bank concerned alleging that in the said branch, an account of M/s A.K. Enterprise through its sole proprietor Zakir Ali is maintained; on 17.06.2011, said Zakir Ali is alleged to have deposited an A/c Payee Cheque of Rs.48 lacs issued by M/s Triveni Industries, Milak Narayanpur, Rampur in his aforesaid account, thereafter he withdrew an amount of Rs.15 lacs on the same date through a cheque. On 18.06.2011 M/s Triveni Engineering intimated the bank that no cheque of Rs.48 lacs was ever issued in favour of aforesaid Zakir Ali; that the said cheque was forged and fabricated, on being apprised of the aforesaid position, the bank immediately withdrew balance sum of Rs.33 lacs from the account of Zakir Ali and credited the same into the account of M/s Triveni Engineering. It was finally alleged that the Zakir Ali along with applicant and the persons were seen in the branch together,both of them conspired together to commit the aforesaid fraudulent transaction, as their presence and proximity was caught in the CCTV Camera footage with a third person.