ABU OBAID Vs. STATE OF U P

JUDGEMENT

(1.) The present bail application has been filed by the applicant with the prayer to release the applicant on bail in Case Crime No. 221 of 2014, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Saraimeer, District Azamgarh.

(2.) Heard Sri V. P. Srivastava, learned Senior Counsel assisted by Sri Firdos Ahmad, learned counsel for the applicant and S/Sri Anoop Trivedi and Santosh Kumar Singh Paliwal, learned counsel for the complainant as well as the learned A.G.A. appearing for the State and perused the record.

(3.) It was submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the matter. Applicant was working as Cashier of Binapara Minority Educational Society, Binapara, Azamgarh (in short 'the Society'). It was further submitted that there is a dispute in regard to two Committees of Management and the matter came upto the High Court by way of filing of various petitions by the parties. The informant has no locus in the present matter as the term of the Management Committee led by the informant had come to an end. The amount said to have been withdrawn in the matter was used for the payment of salary of the employees and the welfare of the institution and these facts were in the knowledge of the informant. No amount was embezzled by the applicant. To substantiate this submission, learned counsel for the applicant has referred to the documents annexed to the affidavit to the bail application. The dispute is purely of civil nature. It was further submitted that co-accused Ezaz Ahmad has been released on bail by another Bench of this Court on 19.5.2016 vide Criminal Misc. Bail Application No. 16416 of 2016. The applicant is in jail since 20.3.2016. It was further submitted that the applicant has no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail.