Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 476 of 2021, under section 409 I.P.C., P.S. Atrauli, district-Aligarh, is seeking enlargement on bail during the trial.

The first information report was lodged by the informant against the present accused, alleging therein that one Navin Jain son of Ram Babu Saxena was got suspended by the Chairman Nagar Palika Parishad, Atrauli, Aligarh, vide order dated 6.9.2021, thereafter he moved an application on 1.10.2021 to reinstate him in service with monetary benefits. It was also alleged that when the applicantion was in process, then it was found that the service book of the Navin Jain was not available in the office. It was also mentioned that the present accused has clarified that he (Navin Jain) had taken his service book in the year 2010 on the pretext to show it to the auditor. When the authorities asked him to produce his service book, then he replied that he is not having any service book. It was alleged that the service book of Navin Jain was kept in the custody of present accused and knowingly the present accused had kept the service book of Navin Jain, then the first information report was lodged against the present accused.

Learned counsel for the applicant submits that the applicant was retired from his job as an employee of Nagar Palika Parishad Atrauli, Aligarh. Neither he has committed any offence nor he received any illegal gain. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 28.5.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Rajesh Gupta involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.