Ravindra Singh, J. - (1.) This application is filed by applicant Rakesh Nijhawan with a prayer that he may be released on bail in case crime No. 774 of 2005, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. Sadar Bazar, District Shahjahanpur.
(2.) The prosecution story, in brief, is that in the present case the F.I.R. has been lodged by one Kalyan Bhattacharya, the Manager, of the Bank of India, Shahjahanpur on 22.12.2005 at 3.15 p.m. in respect of the incident which had occurred within a period from 5.5.2005 to 21.10.2005. It is alleged that by playing a fraud a sum of Rs. 3,86,5007- has be withdrawn from the bank accounts since 5.5.2005 to 21.10.2005 and the relevant documents/papers have also been misplaced from the bank, it infers that some bank employees with the help of some outsiders have committed the alleged offence and one Tej Bahadur Khetri a peon of the bank and Ram Raheesh were named in the F.I.R, as suspected accused, but during investigation the name of the applicant came into light as a main accused and it has been revealed during the investigation that from the account of Smt Pushpa Seth, Arvind and R.R. Seth a sum of Rs. 3,86,5007- have been withdrawn, The aforesaid amount was withdrawn on the different dates from the aforesaid accounts. During investigation it has come in the evidence that from the account of Smt Pushpa Seth on 29.7.2005 a sum of Rs. 30,0007- was withdrawn on the basis of forged cheque, its entry was made in the computer by the applicant and from the account of Sri Arvind a sum of Rs. 1,50,0007-, Rs. 43,000/- and Rs. 50.000/- have been withdrawn on 8.8.2005, 14.10.2005 and on 30.7.2005. respectively. All the entries of withdraw amounts have been made by the applicant in the computer and from the account of Sri R.R. Seth a sum of Rs. 60.000/- has been withdrawn on 21.10.2005. Its entry has also been made by the applicant in the computer. The cheque book issued to Smt Pushpa Seth by the bank has not been used at all, even then on the basis of the forged cheque the amount was withdrawn. The facility to withdraw the money through the cheque was not available from the account of Sri Arvind, even then its facility was made fraudulently in the computer by the applicant. The applicant was serving as a computer clerk in the aforesaid bank
(3.) Heard Sri S.P.S. Raghav and Sri Anil Raghav learned Counsel for the applicant and learned A.G.A. for the state of U.P.;