VIKAS SHARMA Vs. UT OF J&K
LAWS(J&K)-2020-11-65
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 24,2020

VIKAS SHARMA Appellant
VERSUS
Ut Of JAndK Respondents


Referred Judgements :-

DEOCHAND DURIABHJI JOGI VS. MADANLAL GOPIKISAN SHARMA [REFERRED TO]
SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

SANJAY DHAR - (1.)Through the medium of the instant petition, petitioner has sought bail in anticipation of his arrest in case FIR No. 83/2020 for offences under Sections 420/418/409 IPC registered with the Police Station, Sunderbani, Rajouri.
(2.)The facts giving rise to the filing of the instant petition are that the aforesaid FIR came to be registered on the basis of a complaint lodged by the employer of the petitioner i.e. J&K Bank through its Manager, Mr. Ashutosh Gupta, wherein it was alleged that the petitioner had withdrawn an amount of Rs.37,63,838/- from various account holders of the Bank during his tenure in the J&K Bank, Branch Suderbani with an intention to commit fraud and criminal breach of trust as a Banker for his wrongful gain and wrongful loss to the Bank and its customers. On the basis of the aforesaid complaint, a FIR No. 93/2020 for offences under Sections 409/418/420 IPC came to be registered with Police Station, Sunderbani.
(3.)It has been contended by the petitioner that he has been falsely implicated in the case; that though, the petitioner was placed under suspension on 11.12.2019, but his employer i.e. J&K Bank remained silent for a considerable period of time which creates a doubt about the story projected by the Bank; that the investigation of the case is complete and, therefore, there is no question of the petitioner hampering the investigation; that rigor of Sub- section (1) of Section 437 of Cr.P.C. is not applicable to the case of the petitioner; that the bail should not be denied to the petitioner as a measure of inflicting punishment upon him and that the petitioner will abide by all the conditions that may be imposed by this Court if he is enlarged on bail.
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