Lokesh Kumar vs State of Uttarakhand

Tarun Agarwala, J.—Heard Shri B.S. Ahikari, the learned Counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State.

This is a 2nd Bail Application. The 1st Bail Application was rejected on merit on 25th August, 2010, in which, a prima-facie case of the applicant being involved in the defalcation of the government funds in connivance with the Block Development Officer was indicated. The 2nd Bail application has now been moved enclosing the statement of two witnesses. The court has perused the statement of Shri Ved Prakash who is the complainant and who is the present Block Development Officer. A perusal of the statement indicates that out of the alleged defalcation of approximately Rs. 12 lacs, a sum of Rs. 5.35 lacs was deposited in the account of the applicant by Bhagwan Singh Mehra which was subsequently credited in the government account. The statement of Ved Prakash indicates that certain self cheques, under the signature of the Block Development Officer, was withdrawn in which the role assigned to the applicant as per the arguments of the learned A.G.A. is, that the applicant had withdrawn the amount from the Bank but there is nothing to indicate that the defalcation of the amount was distributed between the applicant and the Block Development Officer.

In the light of the statement made by Shri Ved Prakash coupled with the fact that the applicant is in jail for more than 9 months, the Court is of the opinion that the applicant is entitled to be enlarged on bail at this state.

Let the applicant be enlarged on bail in Case Crime No. 347 of 2010, u/s 120B and 409 I.P.C., on his executing a personal bond of Rs. 30,000/- and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned.