Allahabad High Court Dismisses Advance Bail for Bank Cashier, Stresses Arguments Must Stick to Facts of Petition

In a recent ruling, the Allahabad High Court has dismissed the advance bail application of Manish Kumar, the head cashier of a bank in Premnagar, Jhansi, emphasizing that lawyers can only argue based on the facts presented in the bail application. Justice Vikram D. Chauhan noted that if the facts suggest a crime, granting advance bail would be against the interests of the victim. The court highlighted that advance bail is a special provision used to prevent wrongful imprisonment when there is a fear of being falsely implicated.

The case arose when Sunil Kumar Tiwari, along with his security guard Yogendra Singh, visited the bank and deposited approximately ₹39 lakhs with cashier Manish Kumar but left without obtaining a receipt. When a receipt was requested the following day, only ₹11 lakhs were recorded as deposited, leading to a complaint of breach of trust filed at the local police station.

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Manish Kumar sought advance bail from the High Court, claiming he was falsely implicated. His lawyer argued that the full amount was initially handed over, but the guard returned shortly afterward and took back ₹28 lakhs, with only the remaining amount deposited. This sequence of events, he claimed, was recorded on CCTV.

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