Ravindra Maithani, J
1. Applicant Nitin Kumar is in judicial custody in FIR No.93 of 2018, under Sections 409, 420, 467, 468, 471 IPC, Police Station- Ranipur, District- Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, there were some gross financial irregularities in the Salempur Sadhan Co-operative Society Limited (“the society”), Block Bahadrabad, District Haridwar. It was found that there were financial irregularities to the tune of Rs. 2,88,932,97.34/-. The date when the FIR was lodged, the applicant was the Incharge of the society and co-accused Naresh Kumar was the Secretary. The FIR is based on some enquiry report. It is also enclosed as Annexure No.3.
4. Learned counsel for the applicant would submit that the applicant did not commit any financial irregularity. He was not entrusted with any money and he did not misappropriate any amount. He would submit that there were financial irregularities committed in the society since 2004. The record was not available. The applicant joined the society on 19.06.2014. There is no evidence against him.
5. Learned State Counsel would submit that though the financial irregularities were detected in the society from the year 2004, but he would submit that the record was not available. According to learned State Counsel, in the bank account of the applicant, various amount was deposited on various dates, but he could not tell as to who deposited those amounts and how that could be connected with the instant case.
6. Despite directions having been given, no instructions have been received on those aspects.
7. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
8. The FIR has been lodged against the applicant merely because he happened to be the Incharge of the society. Admittedly, there were irregularities committed in the society since 2004. The applicant joined the society in the year 2014. The prosecution, at this stage, is not able to even link the applicant with any entrustment of money and consequent misappropriation. A statement is being given that amounts were deposited in the account of the applicant on various dates, but how that is connected with the instant case? There is no record available at this stage.
9. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
10. The bail application is allowed.
11. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
