Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
As per the prosecution case, it is alleged that complainant while serving as Branch Manager in Gramin Bank of Aryavart, Majhiya Branch, Hardoi with dishonest intention has done forgery so that he can benefit his own people which has resulted in financial loss to the bank.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the officials of the bank with connivance of the local Gram Pradhan. The applicant was posted as Branch Manager of the Aryavart Gramin Bank in Majhiya Hardoi, U.P. from 23.6.2015 to 29.2.2016. After transfer of the applicant, two more Branch Managers have joined and served on that branch, however, their statements have not been recorded by the police. Allegedly, 289 savings bank accounts opened during the tenure of the accused-applicant as Branch Manager. Out of total 289 saving accounts, one Rahul and Sadhu account holder of the branch had signed as introductory and 57 accounts were opened. The police had not arrayed Rahul and Sadhu as accused neither their statements have been taken during the course of investigation. Allegedly, 1146 suspicious transactions took place in 326 accounts on 23 different dates of Rs. 34,11,275/-. It is alleged in a report dated 12.6.2020 that payments were approved by the accused- applicant. The payment entries were made after they were duly signed by the Gram Pradhan, Gram Sevak, Rojgar Sevak and Block Pramukh.
It has been stated in the report dated 12.6.2020 that maximum transactions were of "Mahatma Gandhi National Rural Employment Guarantee Act" and "Pradhan Mantri Gramin Awaas Yojana". The Assistant Manager Ravi Kumar had admitted that due to heavy rush in the branch the payments were made to the third person who was authorized by the account holder. The investigating agency has not taken the statements of Gram Pradhan, Gram Sevak and Block Pramukh. In the entire investigation it is not clear that who has been at loss or who has suffered loss. No investigation in terms of wrongful gain and wrongful loss has been done. Neither any complaint has been made nor any witness came forward to say that he has been cheated and his money has been embezzled. The case has been lodged at the instance of Block Pramukh and Gram Pradhan to save their scheme.
From perusal of the statement of the inquiry officer of the bank (Annexure-3) it is evident that accused applicant has been falsely implicated in order to save other employees, officials of the District and political persons.
It is admitted case of the prosecution that no amount has been transferred in account of the accused applicant or his relative or friends in the aforesaid transactions. The applicant is in jail since 25.12.2020 and wife of the accused applicant is suffering from cancer and is undergoing treatment. The applicant has no previous criminal history. Nothing has been recovered from the possession of the applicant. The applicant is innocent.
It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts that the applicant is in jail since 25.12.2020 having no criminal history and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Manoj Kumar Prabhakar involved in Case Crime No. 412 of 2018, under Sections 419/420/467/468/471, Police Station Pihani, District Hardoi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 31.5.2021 Madhu