The gravity of the offense, the evidence presented, and the overall circumstances of the case are crucial factors in determining the grant of bail.

Karuna Nand Bajpayee, J. –

his application has been filed seeking the release of the applicant on bail in Case Crime No.190 of 2013, u/s 420, 406, 171, 411 I.P.C., Police Station-Kosi Kalan, District-Mathura.

2. Heard Shri M.N. Pathak, Advocate holding brief of Shri Sunil Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

3. Perused the record.

4. Submission of counsel for the applicant is that the applicant is not named in the F.I.R. and the prosecution version rests upon the alleged recovery without any independent witness. Further submission is that no proper identification parade has been performed and the applicant has been implicated on the basis of his alleged confessional statement. It has been further submitted that the entire prosecution story as stated against the applicant is false, fabricated and baseless, despite which the applicant is in jail since 01.05.2013. It has been also submitted that earlier the applicant was falsely implicated in one another criminal case registered as Case Crime No.356 of 2008, u/s 420 and 406 I.P.C. in which the applicant was released on bail and as such the applicant is entitled to release on bail.

5. Learned A.G.A. has strenuously opposed the prayer for bail and has submitted that the present case relates with the cheating and criminal breach of trust in respect of an amount of Rs. 10 lacs awarded by the Government of India and the State Government as compensation to the family of Martyr Hemraj, who was a member of Indian Army and who made the supreme sacrifice at Pakistan border on 8.01.2013. The said amount of Rs. 10 lacs was deposited into the account of widow of Martyr Hemraj namely Dharmwati in State Bank of India, Branch Chhata. After the death of Martyr Hemraj, army persons and officials were continuously visiting the house of Smt. Dharmwati situated at Sher Nagar, Police Station-Koshi Kala, District-Mathura. On 5.4.2013, the accused applicant came to the house of Smt. Dharmwati impersonating himself as an army man by using the name plate of Amit Kumar and wearing the dress of Indian Army and informed the lady that he has come from army headquarter. The accused-applicant any how deceived the lady and took her to the Branch-Chhata of State Bank of India and got the said amount of Rs. 10 lacs withdrawn under the pretext of preparation of fixed deposit in favour of children of the lady from Bukhran Gramin Bank. After getting the said amount, the accused-applicant placed it into his bag and thereafter he flew away. After registration of F.I.R. on 5.4.2013 at 16.30 O'clock, the investigation had commenced and during the course of investigation it came into picture that the accused-applicant has been lodged in jail in connection with some another case as Case No.259 of 2012 arising out of Case crime No.356 of 2008, pending before the Court of learned A.C.J.M.-III, Agra and as such the Investigating Officer obtained warrant-B for accused-applicant in respect of present criminal case in question and thereafter the accused-applicant was taken into custody in the present case. Learned A.G.A. has further submitted that above named lady Smt. Dharmwati and other witnesses have also identified the accused-applicant and the Investigating Officer, after obtaining police custody remand of the accused-applicant, had recovered the army dress, the belt, cap, shoes etc. as well as Rs. 1,64,000/- on the pointing out of the accused-applicant, who further disclosed that apart from said recovered amount he spent Rs. 4,10,000/- out of total amount of Rs. 10 lacs for purchase of second hand car and the motorcycle for Rs. 24,000/-. The accused-applicant also made available an amount of Rs. 103000/- by withdrawing the same from the bank account of H.D.F.C. Bank, NOIDA disclosing that this amount is a part of said cheated amount of Rs. 10 lacs. Learned A.G.A. has further submitted that the Investigating Officer prepared the memo of recovery of above noted amounts and artic