JUDGEMENT
Ravindra Singh, J. -
(1.) Heard Shri Radhey Shyam Shukla, learned counsel for the applicant and learned A.G.A.
(2.) This application has been filed by the applicant Hemraj Maurya, with a prayer that he may be released on bail in case crime No. 398 of 2004, under Sections 406 and 409 I.P.C., P.S. Nigohi, District Shahjahanpur.
(3.) From the perusal of the record it reveals that in the present case the F.I.R. was lodged by Shri Ramveer Singh Chauhan, Upper Zila Sahkari Adhikari, Tilhar, Shahjahanpur, on 16.10.2004 at 5 pm, in respect of the incident which had occurred between 12.11.1998 to 29.9.1999. According to the prosecution version the applicant was Secretary of the Kisan Sewa Samiti, Nigohi. The allegation against him is that he has misappropriated the amount of Rs. 4,02,391/-. It is contended by the counsel for the applicant that the allegation made against the applicant is false and baseless because there is no evidence available on the record to support the allegation. It is further contended that this offence was committed by some other persons, but they have not been made the accused in the present case. The higher authorities, who were involved in the embezzlement, by hatching a conspiracy to save their skin from the criminal liability, the applicant was made the accused in the present case and the applicant is an innocent person. He had discharged duties with honesty.;
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