JUDGMENT Ravindra Singh, J.
1. This is second bail application. The first Criminal Misc. Bail Application No. 511 of 2005 has been rejected by Hon'ble R.S. Tripathi, J.( Now retired) on 17.1.2005.
2. Heard Sri V.P. Srivastava and Sri B.P. Verma teamed counsel for the applicant and Sri G.S. Hajela learned Counsel for the C.B.I.
3. This application is filed by the applicant Suresh Chand Agarwal with a prayer that he may be released on bail in case crime No. RC No. 17(A) of 2002 (Special Case No. 20 OF 2004) under Section 120B, 420, 467, 468 and 471 I.P.C. and Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act, P.S. C.B.I Dehradun.
4. According to prosecution version a written complaint da.ted 27.9.2002 was given by Sri Amitav Singh Senior Superintendent of Post Office, Agra Division, Agra to the Superintendent of Police, C.B.I. Dehradun. On the basis of that complaint the case was registered on 11.10.2002 at 11.15 a.m. According to the prosecution version accused Bhupendra Pal Singh during the years 1997 to 2001 while he was posted and functioning as Accounts Postal Assistant, VIIth Agra, entered into a criminal conspiracy with some other accused persons with the object to cheat the postal department by way of dishonestly misappropriating the funds of the department by abusing his official position as a public servant. In pursuance of a criminal conspiracy Sri Bhupendra Pal Singh dishonestly got opened saving bank accounts in various post offices in his name and the name of his other family members by giving fictitious addresses and subsequently, deposited money in those accounts on the strength of fake cheques clearings and later on he made withdrawals against the amounts deposited through fake cheques clearings either by himself or by messengers. The matter was investigated and charge sheet was submitted by the C.B.I. against the Bhupendra Pal Singh, Suresh Chandra Agarwal, Rajeev Agarwal, Rajendra Pal Singh, Bhanu Pratap Singh, Bhuneshwar Pal Singh, Smt Lajja Agarwal, Smt Sharda Singh, Miss Nandinl Singh and Miss Shweta Singh on 23.8.2004 and came to the conclusion that Bhupendra Pal Singh, the then Postal Assistant (clearing seat), Head Post Office, Agra Division, Agra during the years 1997 to 2001 entered into a criminal conspiracy with the accused Suresh Chandra Agarwal, Smt Lajja Agarwal, Rajeev Agarwal, Rajendra Pal Singh. Bhanu Pratap Singh, Bhuneshwar Pal Singh, Smt Sharda! Singh, Miss Nandini Singh and Miss Shweta Singh in his capacity as public servant and fraudulently cheated the postal department to the tune of Rs. 2,23,12,018/- and it also reveals that in pursuance of aforesaid conspiracy Bhupendra Pal Singh dishonestly got opened the various saving bank accounts in various post offices in his own name and in the name of his other family members and is acquaintances by giving fictitious addresses and subsequently, the fake cheques were deposited in those accounts and by clearing the same. Later on the withdrawals was made and it further revealed that in such a conspiracy, dishonestly the accused Bhupendra Pal Singh dishonestly also got deposited various amount in the MIS/TD accounts and through purchase of KVPs through fake cheques clearings in the name of his family members and others by giving fictitious addresses. Later on he dishonestly withdrew the monthly interest of MIS accounts while from one T.D. accounts were finally closed and some KVPs were transferred to some other persons and some KVPs were discharged before maturity and it further revealed that Bhupendra Pal Singh in connivance with the other co-accused persons misappropriated the amounts from different saving bank accounts. The amount which was deposited by showing the fake cheques clearings, was withdrawn from those accounts. Thus, such amount was a sum of Rs. 1,24,33,505/- it further revealed that the accused Bhupendra Pal Singh in conspiracy with Suresh Chandra Agarwal, Smt Lajja Agarwal, Rajeev Agarwal, Rajendra Pal Singh, Bhanu Pratap Singh, Bhuneshwar Pal Singn, Smt Sharda Singh, Miss Nandini Singh and Miss Shweta Singh got opened 34 MIS accounts in the name of various accused persons by showing fake cheques clearings and subsequently withdrew the interest of the same by hatching such conspiracy. The amount of the, interest paid i.e. amount actual defrauded was a sum of Rs. 14,18,375/-
5. The investigation further revealed that accused Bhupendra Pal Singh with the conspiracy of the above accused persons got opened 7 terms deposits accounts in the name of various accused persons by showing fake cheques clearings and subsequently withdrew the proceeds of the term deposit accounts, in such way the amount withdrawn was a sum of Rs. 6 lac. It further reveals that the above mentioned accused persons in the same process purchased 31 KVPs and by showing fake cheques clearings and subsequently withdrew the proceeds of KVPs and some of KVPs were later on discharged before maturity in such way a sum of Rs. 13,80,000/- were misappropriated. It further reveals that the above-mentioned accused persons got purchased 8 KVPs. The same were transferred to other persons in the same process. The amount a sum of Rs. 4 lac was involved. It further reveals that above mentioned accused persons cheated the department to the tune of a sum of Rs. 2,23,12,018/- by way of misappropriating the money from various schemes of post office. The relevant documents were sent for examination to the Government Examiners, Kolkata who have confirmed the handwriting and signature of Bhupendra Pal Singh and other person of various and various account of opening forms as well as withdrawal slips and other documents and the department has agreed to sanction to prosecute the accused persons under the provision of Prevention of Corruption Act.
6. It is contend by the learned Counsel for the applicant that the signature of the applicant and the other co-accused persons were obtained and send to the Hand Writing. Expert but the specimen signature from S-205 to S-214 relating to the applicant does not tally with any disputed signatures made on withdrawals of the MIS and KVPs etc. The applicants father was posted as a clerk in the postal department. According to the prosecution the father of the applicant is main accused. During investigation no evidence has been collected by the I.O. to show his involvement in the commission of the alleged offence. It is further contended that the applicants have been falsely implicated in this case only because he is son of main accused Bhupendra Pal Singh.
7. It is opposed by Sri G.S. Hajela learned Counsel for the C.B.I. by submitting that this is second bal Application, The first bail application of the applicant has been rejected by this Court on 17.1.2005 after considering all the facts and circumstances of the case. There is no new ground for consideration of the second bail of the applicant. It is further contended that, according to the report of Hand Writing Expert the involvement of the applicant in the commission of the alleged offence has been proved. There is documentary evidence against him also and the gravity of the offence is too much. The applicant does not deserve for bail.
8. Considering the facts and circumstances of the case and gravity of the offence and fact that the signatures of the applicant were found on some withdrawal forms by handwriting expert also and there is no new good ground because the first bail Application of the applicant has already been rejected after considering the merits of the case and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.
9. However, considering the fact that the applicant is in jail since 14.12.2004 the trial court is directed to expedite the proceedings of the trial on day-to-day basis.
10. With the above direction the bail application if finally disposed of.