UPENDRA RAI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned AGA alongwith counsel for the complainant and have been taken through the record.

(2.) The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail in Case Crime No. 73 of 2015 under sections 419/420/467/468/471 IPC Police Station Kotwali District Deoria during the pendency of trial.

(3.) The facts of the case emerging from the prosecution case in a nutshell is that an FIR was lodged by Kamlesh Rai on 15.1.2015 that he has joint accounts along with his brother Ashok Rai and deposited a sum of Rs. 34,00 lacs in Account no. 32693367020 and Rs. 33.00 lacs in Account No. 3269332933 respectively on 5.12.2012.in a fixed deposit scheme of which renewal was done by the Bank on 5.12.2013. The said amount was deposited in the branch of State Bank of India, Principal Branch Raghav Nagar Deoria. The register maintained in respect to fixed deposit was misplaced and duplicate copy was issued by the Bank through its employee Swasti Kumari. When the applicant went to the Bank for its renewal, it came to his notice that his cousin Upendra Rai (the present applicant) in connivance and inkling of the bank officials got all the fixed deposit amount transmitted in his account and also got encashed. When the complaint was made to the bank authorities, they did not take any notice of it rather it remained unattended in such circumstances first information report was lodged on 15.1.2015 against Upendra Rai and other bank officials involved in the stratagem of committing fraud and cheating vide Case Crime No. 73 of 2015 under sections 419/420/467/468/471 IPC Police Station Kotwali District Deoria.