Naveen Chandra Kapoor vs State Of U.P.
2013 Latest Caselaw 7234 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- BAIL No. - 7136 of 2013
 

 
Applicant :- Naveen Chandra Kapoor
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Praveen Tripathi,Pradeep Srivastava,S K Shukla,Shashank Dhaon
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Mahendra Dayal,J.

Heard learned Senior Counsel Kunwar Mridul Rakesh on behalf of the applicant and learned A.G.A. for the State.

The applicant Naveen Chandra Kapoor has sought bail in Case Crime No. 329 of 2012 under Sections 419, 420, 467 and 468 I.P.C. relating to P.S. Raunahi, District-Faizabad.

Learned Senior Counsel has submitted that the applicant is the Branch Manager of the UCO Bank, Rikabganj Branch, District-Faizabad.

As per the prosecution case one Rajesh Kumar Mishra alias Pintu took loan of Rs. 4,50,000/- in the name of Surendra Kumar Pandey for the purchase of a Tractor. When the loan amount was not deposited, a recovery certificate was issued and then it was found that some Rajesh Kumar Mishra alias Pintu has taken loan from the Bank on the basis of forged papers. The submission of the learned Senior Counsel for the applicant is that the applicant is the Branch Manager of the Bank has not been beneficiary in the alleged transaction. He has bonafidely distributed the loan on the basis of documents submitted by Rajesh Kumar Mishra alias Pintu.  It has also submitted on behalf of the applicant that the borrower namely Rajesh Kumar Mishra has already been released on bail by another Bench of this Court vide order dated 30.04.2013.  The case is triable by the Magistrate and the applicant has no previous criminal history.

The prayer for bail has been opposed by learned A.G.A on the ground that the applicant being Branch Manager of the Bank is solely responsible for distributing loan to fake persons. However it is not disputed that the alleged borrower namely Rajesh Kumar Mishra alias Pintu has already been released on bail and the case is triable by the Magistrate. 

Having heard the learned counsel for the parties and considering the various facts and circumstances of the case but without expressing any opinion on the merit of the case, let the accused-applicant (Naveen Chandra Kapoor) involved in Case Crime No. 329 of 2012 under Sections 419, 420, 467 and 468 I.P.C. relating to P.S. Raunahi, District-Faizabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 2.12.2013

Anurag/-