JUDGMENT
Ravindra Singh, J.
1. Heard Sri Akhtar Hussain and Sri Sasnjay Kumar Singh learned counsel for the applicant, learned A.G.A.
2. This application is filed by the applicant with a prayer that he may be released on bail in case crime No. 412 of 2001, Under Section 409, 204, 467, 468 I.P.C., P.S. Baksa District Jaunpur.
3. It is contended by the learned counsel for the applicant that the F.I.R. of this case was lodged by K.K. Singh, General Manager,- District Co-operative Bank Limited, Jaunpur on 24.11.2001 at 2.30 p.m. in respect of the alleged incident dated 21.10.2001. The F.I.R. was lodged against the Virendra Kumar Singh, Chhotey Lal Yadav, applicant Manoj Kumar and Sanjay Kumar Dubey alleging therein that the record of the bank has been torn and destroyed on 21.10.2001 by the applicant and other co-accused person. Thereafter, the departmental inquiry was done and the inquiry committee was constituted, which inquired into the matter and came to conclusion that the Branch Manager co-accused Virendra Kumar Singh, Senior Clerk Chhotey Lal Yadav, the guard of the bank Manoj Kumar Verma and Sanjy Kumar Dubey, Sachiv Sadhan Sahkari Limited Churawanpur was involved in destroying the recored of the bank. It is alleged that Rs. 5,19,71,900-92 p. were misappropriated by the applicant and other co-accused persons by way of destroying the record etc.
4. It is contended by the learned counsel for the applicant that the applicant was posted as guard of the bank. He was nothing to do with the working of the bank. The allegation of destroying the record by the applicant is false and frivolous. It is further contended that co-accused Sanjay Kumar who was the Secretary of the branch has been released on bail by the learned Session Judge, Varanasi on 20.7.2004. This court has summoned the recored from the Sessions Judge, Varanasi in respect of the granting the bail to co-accused Sanjay Kumar. It recored has been sent by the Sessions Judge, Varanasi in which it was clearly mentioned that the prosecution could no show any evidence for misappropriating of the money against co-accused Sanjay Kumar Dubey at the time of disposal of bail application and the offence was triable by the Magistrate 1st class, so his bail was granted. The bail application has been opposed by the learned A.G.A by submitting that the applicant is the main accused. There is sufficient evidence to show that he has committed the alleged offence.
5. So for as the case of the present applicant is concerned there is documentary evidence to show that he has done the work of cashier also and he had issued T.D. Certificate and his signatures were found on those certificate. He has misappropriated the amount of Rs. 5 lac and on holiday he came to the bank and torn the documents and destroyed.
6. Considering all the facts and circumstances of the case and submissions made by the learned counsel for the applicant, learned A.G.A. and and without expressing any opinion on the merits of the case, I find that it is not a fit case for bail at this stage. Therefore, the prayer for bails is refused.
7. However, considering the facts that the applicant is in jail since 29.7.2004 the trial court is directed to expedite the trial proceedings without granting unnecessary adjournments.
8. Accordingly, the bail application is finally disposed of.