Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2133

of 2022

Applicant :- Umesh Shukla

Opposite Party :- State of U.P.

Counsel for Applicant :- Sandeep Kumar Dubey

Counsel for Opposite Party :- G.A.,Manish Kumar Tripathi

Hon'ble Om Prakash Tripathi,J.

Heard Sri Anoop Trivedi, learned Senior Advocate assisted by

Sri Sandeep Kumar Dubey, learned counsel for the applicant,

learned AGA for the State and Sri Manish Tiwary, learned

Senior Counsel assisted by Sri Manish Kumar Tripathi, learned

counsel for the informant as well as perused the material on

record.

The instant bail application has been filed on behalf of the

applicant - Umesh Shukla with a prayer to enlarge him on bail

in Case Crime No. 117 of 2021, under Sections 419, 420, 467,

468, 469, 470, 471, 120B IPC, Police Station Kotwali Katra,

District Mirzapur, during pendency of trial.

Brief facts of the case is that on 27.07.2021, FIR has been

lodged by Manoj Kumar Shukla for the incident dated

23.09.2020 against his brother Umesh Shukla (applicant

herein), Sri SN Prasad, Branch Manager, Main Branch Canara

Bank, Katra Vajirao, Mirzapur and Sri Chandralok, Deputy

Branch Manager, Main Branch Canara Bank, Katra Vajirao,

Mirzapur with the allegations that the informant was living with

his late father Hriday Narayan Shukla at Mirzapur. His father

was a patient of Parkinson and Bipolar disorder. His father was

looked after by the informant. When elder brother of the

informant, Umesh Shukla, came to know that his father is

suffering from disease, by making forgery, he made a forged

letter by his father's name and by using his father's forged

signature along with Branch Manager, Main Branch Canara

Bank, Katra Vajirao, Mirzapur and Deputy Branch Manager,

Main Branch Canara Bank, Katra Vajirao, Mirzapur, to debit all

jewellery from bank locker. When the informant, all his brother

and his father came to know about this forgery, his father made

a letter in the name of Branch Manager that the locker should

be opened in front of his all sons and new key of bank locker

should be given to his all sons. The letter has been received by

the Bank, despite this, Branch Manager, Main Branch Canara

Bank, Katra Vajirao, Mirzapur, Deputy Branch Manager, Main

Branch Canara Bank, Katra Vajirao, Mirzapur and the applicant

after making forgery, on 23.09.2020, debited all money and

jewellery from the bank locker. Subsequently, informant's father

died on 15.05.2021. After death of informant's father, informant

gave information about the death of his father to the Bank not to

operate his father's locker. Then, he came to know that on

23.09.2021, applicant without any authority, by using forgery,

has operated his father's locker and debited all articles and

jewellery.

It is submitted that on the complaint of informant, inquiry has

been conducted through bank officials, in which, it has been

concluded that operation of locker was intune with system and

procedure of the bank. The signature of the locker holder on

attendance register and on operation register are there. It is

itself evident that locker was operated by locker holder. It is

also submitted that on 06.07.2020, locker was broken in

presence of Sri Ajay Shukla, Manoj Shukla........... and after

refitting, new key handed over to Shri Hriday Narayan Shukla

found all items safe kept in locker. Applicant is falsely

implicated by his brother and languishing in jail since

12.12.2021. It is lastly contended that the applicant has no other

criminal history and in case he is released on bail, he will not

misuse the liberty of bail and will cooperate in trial. There is no

prospect of trial of the present case being concluded in near

future due to heavy dockets.

Per contra, learned A.G.A. and learned counsel for the

informant opposed the prayer for bail and submitted that

applicant has committed criminal conspiracy with the articles

and jewellery kept in the locker. On t