JUDGMENT

Subhash Vidyarthi, J.

Heard Sri Vinod Kumar Yadav, the learned counsel for the applicant, Sri Ramji, learned A.G.A. for the State and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 360 of 2020, under Section 409 I.P.C., registered at Police Station Kotwali City, District Hardoi.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2020 alleging that the applicant was working as an Accountant in Hardoi Treasury and during an enquiry regarding some files regarding payments of pension of former employees having gone missing between the period 2009 to 2016 the applicant admitted that he had removed the files after breaking upon the locks of the almiras.

4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Earlier the applicant was implicated in another case bearing Case Crime No.759 of 2019, under Section 409 /419/420/467/468/471 I.P.C. Police Station Kotwali City, District Hardoi alleging embezzlement of huge amount from the government treasury. The applicant has already been granted bail in the aforesaid case by means of an order dated 28.07.2023, passed by this Court in Criminal Misc. Bail Application No.9496 of 2023 after taking into consideration the facts that the applicant has already been terminated from service, the entire embezzled amount has already been recovered by auction of the applicant's house and other properties.

5. The trial of the present case is going on and the statement of informant has already been recorded by learned trial court.

6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been terminated from service and his house and other properties have already been auctioned and the amount embezzled by him has been recovered and in the present case the applicant has been implicated solely on the basis of his alleged confession that he had removed the files from the almiras, coupled with the fact that the applicant is languishing in jail since 02.07.2021 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

8. Accordingly, this bail application stands allowed.

9. Let the applicant-Rakesh Kumar Singh be released on bail in Case Crime No. 360 of 2020, under Section 409 I.P.C., registered at Police Station Kotwali City, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.