Subodh Kumar @ Sonu vs. State Of U.P.
Held
The Court allowed the bail application. It noted that while substantial amounts were received in the applicant's bank account, an equal substantial amount was transferred to Naveen and Pramod. The statement of Naveen was on record, but Pramod's statement was not, and neither was alleged as a co-accused. The Court emphasized that the offence must be established based on documentary evidence, for which a charge-sheet has been filed. Given the applicant's lack of criminal antecedents and the prima facie absence of material suggesting adverse impact on the trial if enlarged on bail, the applicant, in custody since April 29, 2023, was deemed entitled to bail. The applicant was released on furnishing a personal bond and sureties, with conditions to attend hearings, not commit similar offences, and not tamper with evidence or influence witnesses.
Facts
The applicant, Subodh Kumar @ Sonu, was employed as a clerk with the informant's firm. An FIR was lodged alleging that the applicant siphoned off money from the firm's account. The applicant's counsel argued that amounts were transferred to other employees, Naveen and Pramod, to avoid GST payment, and that Naveen and Pramod were not made co-accused. The charge-sheet has been filed, and the applicant has no prior criminal history. The informant, a widow, alleged that substantial amounts were transferred from the firm's account to the applicant's account, constituting cheating. The applicant was in custody since April 29, 2023.
Key Issues
1. Whether the applicant is entitled to bail in FIR No. 164 of 2023, under Sections 420, 467, 468, 471, 352, 406, 504, 506, 411 IPC, P.S. Gandhipark, District Aligarh, considering the allegations of siphoning funds and potential GST evasion. Contentions: Petitioner/Applicant: Argued that amounts were transferred to other employees (Naveen and Pramod) to avoid GST, and these individuals were not made co-accused. The charge-sheet has been filed, and the offence relies on documentary evidence. The applicant has no criminal history, and co-accused, including the applicant's father, have been granted bail. No argument was made on parity. Revenue/State: Opposed the bail application, highlighting that substantial amounts were transferred from the firm's account to the applicant's account, as revealed by bank statements, and that the applicant cheated the informant, a widow, of huge sums.
Sections Cited
Section 420, Section 467, Section 468, Section 471, Section 352, Section 406, Section 504, Section 506, Section 411
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:213276 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47408 of 2023 Applicant :- Subodh Kumar @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Kanchan Chaudhary Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra Hon'ble Pankaj Bhatia,J.
Heard Ms. Kanchan Chaudhary, learned counsel for the applicant, learned AGA; Shri Pankaj Kumar Mishra, learned counsel for the informant and perused the record.
The FIR in question was lodged alleging that the applicant who was employed as a clerk with the informant's firm had siphoned off certain amounts of money, which are duly depicted in the account of the applicant. Counsel for the applicant, based upon the material on record, states that from the account of the applicant, certain amounts were transferred to one Naveem and Pramod, who were also the employees working in the firm. The said arrangement was being done only to avoid payment of GST. It is argued that the said Naveen and Pramod have not been made co- accused and the FIR has been lodged against the applicant and his family members. In any case, it is argued that the charge-sheet has already been filed and the offen
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