SHYAM SHANKAR TIWARI, J. - (1.) COUNTER and rejoinder affidavits have been exchanged between the parties.
(2.) HEARD learned counsel for the applicant and learned AGA for the State. Prayer for bail has been made on behalf of the applicant Ahmad Ali in case crime No.118 of 2010, under sections 420,406,409,421/34 IPC P.S. Bharthana District Etawah. The prosecution case in nut shell is that the informant Abhilakh Singh runs M/s Kayam Rice Mill situate at Usrahar Road, Bharthana. He has got two bank accounts in the State Bank of India at Bharthana, namely, Account No.30090718103 and Account No.10665812537. After obtaining statement of his account from the bank, the complainant came to know that the Branch Manager Sri Ahmad Ali posted at Bharthana Branch, has transferred the following amounts from his account which are extracted below : Sl. No. Account No. Date Amount withdrawn Name of the transferred A/c holders 1. 30090718103 29.12.2007 Rs.50,000/- 30293750454 Saniya Bairiyani 2. 30090718103 24.1.2008 Rs.50,000/- 10665862656 Saniya Bairiyani 3. 30090718103 22.2.2008 Rs.2,00,000/- 10665010255 Mohit Traders Lakhna 4. 30090718103 28.2.2008 Rs.10,000/- 30662237895 Daughter and Son-in-law 5. 30090718103 19.5.2008 Rs.25,000/- 30321049483 Mohit Traders, Lakhna 6. 30090718103 10.6.2008 Rs.9,000/- 300731553842 Samim Ali (Son ) 7. 30090718103 12.6.2008 Rs.15,535/- Mehrawali 8. 30090718103 30.10.2008 Rs.6,10,115/- Sabnam Traders (Daughter )
(3.) THE aforementioned amount was transferred to the accounts of different persons including his son, daughter and son-in-law without consent of the complainant and without any voucher or cheque. The notice was given to the bank to deposit the aforesaid amount in his accounts and ultimately, an FIR was lodged against the applicant.;