JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Trivedi, Senior Advocate assisted by Sri Abhijeet Singh and Sri Anupam Dubey Advocates, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava Advocate, the learned Additional Government Advocate, Sri Vikrant Rana Advocate, the learned counsel for the informant and perused the record.

(2.) The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0222 of 2021, under Ss. 420 and 120-B IPC, Police Station Noida Sector-39, District Commisionerate Gautam Budh Nagar during pendency of the trial in the Court below.

(3.) The aforesaid case has been registered on the basis of an F.I.R. dtd. 2/5/2021 lodged by an official of M/s CMS Infosystems Pvt. Ltd. against three named accused persons - (i) Vipendra Kumar, Custodian Employee, (ii) Suraj Singh, Custodian employee and (iii) Aayush, alleging that the company CMS Infosystems Pvt. Ltd. provides services of loading and unloading of cash in ATMs and withdrawal and deposit of cash, to Bank of Baroda. Between 18:30 and 20:15 on 22/3/2021, the accused persons took out Rs.2,95,000.00 that had been deposited by the Bank's customers in a BNA Machine and they repeatedly deposited the same amount in several bank accounts and thus they embezzled a total amount of Rs.26,63,500.00. The incident was recorded in the close circuit camera and the company came to know about it through the Bank's email dtd. 27/4/2021.