MANOJ KUMAR – Appellant
Versus
STATE OF UTTARAKHAND AND ORS – Respondent
BA1 765/2012
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 1st day of December 2012
First Bail Application No. 765 of 2012
Criminal Side
Manoj Kumar, S/o Sri Chander Singh
R/o Bharat Nagar near Gayatri School Bhiwani
Haryana
……...Applicant ( in Jail)
Versus
1.
State of Uttarakhand through Principal Secretary (Home)
Civil Secretariat, Dehradun
2.
S.H.O. Gangneher Roorkee, District Hardwar
3.
C.M. Arora, Chief Manager, Punjab National Bank
B.T. Ganj Roorkee, Thana Gangneher Roorkee
Hardwar
…..….Opposite Party
Arising out of Crime No. 322 of 2007
Under Section: 420, 467, 468, 471, 380, 201, 120B IPC
P.S. Gangneher Roorkee
District Hardwar
________________________________________________________________________
Hon’ble Prafulla C. Pant, J.
Mr. Sharad Sharma, Senior Advocate, assisted by
Mr. Ajay Singh Bisht, Advocate, present for the applicant.
Mr. M.A. Khan, AG.A., present for the State.
Heard.
2)
Applicant‐ Manoj Kumar who is in jail in connection
with Crime No. 322 of 2007, relating to offences
punishable under section 420, 467, 468, 471, 380, 201, 120B
2
IPC, registered at Police Station Gangneher Roorkee,
District Hardwar, has sought his release on bail.
3)
It is a case of cheating and obtaining loan from the
complainant’s bank whereby creditor bank has been
defrauded of approximately of ` 540 lacs (i.e. more than
rupees five crores).
4)
Learned counsel for the applicant submitted that the
applicant is in jail since May 2012. It is further submitted
that main accused Virender Singh is absconding. Learned
counsel for the applicant argued that applicant is only a
guaranter of the loan transaction.
5)
However, on perusal of the papers on record it
appears that present applicant is not the simple guaranter
but he is also Director of the bank in whose name the
loan is said to have been taken fraudulently and by
forging papers. Though, charge sheet has been filed in
the case as pointed out by the learned counsel for the
applicant who relied in the case of Sanjay Chandra vs.
C.B.I. decided on 23.11.2011, by the Apex Court, but
considering the facts and circumstances of the present
case, this Court is not inclined to grant bail to the
applicant, at this stage.
6)
Therefore, without expressing any opinion as to
final merits of the case the bail application is rejected.
3
(Miscellaneous application no. 4772 of 2012, stands
disposed of).
(Prafulla C. Pant, J.)
Parul
01.12.2012
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