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2021 Supreme(All) 505

SAURABH SHYAM SHAMSHERY
Anshuman Dubey – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Gaurav Tripathi, Manish Tiwary (Senior Adv.), Syed Imran Ibrahim.
For the Opposite Party : G.A., Varad Nath.

JUDGMENT :

1. This bail application under Section 439 of Code of Criminal Procedure is filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No.153 of 2020, under Sections 406, 409, 411, 120-B, 420, 467, 468, 471 IPC, Police Station - Civil Lines, District - Allahabad, after rejection of his bail application, vide order dated 15.10.2020 passed by Sessions Judge, Allahabad.

2. Amit Malviya Manager, Kotak Mahindra Bank, Branch at S.P. Marg Civil Lines, Allahabad (complainant) submitted a written report against the applicant for the commission of offence under Section 409 and 406 of Indian Penal Code on 5.4.2020, alleging that applicant was working as Service Developer Officer (S.D.O.) at the said Branch since 2015. On 4.4.2020, it came into the knowledge of Branch that applicant has misappropriated the amount of Rs.9,46,27,500/-. It was further alleged that the Central Reading Unit (C.R.U.), had intimated through email that details of account of Kotak Bank in the Bank of Baroda Branch, Khuldabad, which was used for the purpose for Currency Chest were not matching. On the basis of said email, further investigation were undertaken; that applicant w

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