Court No. - 19
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42834 of 2016 Applicant :- Rajeev Kumar Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Hemendra Kumar,Bhuwan Raj,Manish Tiwary,Manu Khare,Mohd. Afzal,Vijay Kumar Counsel for Opposite Party :- Amit Misra Hon'ble Manoj Kumar Gupta,J.
Heard Sri Vijay Kumar, learned counsel for the applicant and Sri Gyan Prakash, learned counsel representing Central Bureau of Investigation.
The applicant has been charged with offence under Sections 409, 468, 471 IPC and Sections 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 and Sections 120-B read with Sections 409, 420, 468 and 471 IPC alongwith six other persons. The case was registered at A.C.B./C.B.I., Ghaziabad on 29.5.2015 on the basis of source information. It was alleged that during the period 2012-2014, Uday Narayan Singh, Sub Postmaster and Kaushlendra Kumar, Clerk, while posted in Post Office Modi Nagar, Ghaziabad by abusing their official position as public servants entered into a criminal conspiracy with the Postal Agents Ram Bahadur Chauhan, Smt. Asha Chauhan, Avind and Ashwani Kumar and dishonestly and fraudulently withdrew a sum of Rs.32.29 lakhs approximately from the Monthly Income Scheme (MIS) and Recurring Deposit (RD) of various account holders maintained at Post Office Modi Nagar, Ghaziabad by forging their signatures. The name of the applicant surfaced during investigation, as it was found that although he was posted as Postal Assistant at Sub Post Office Modi Nagar, but on 11.11.2013, while he was posted at the RD/MIS Counter, he made payment of Rs.70,000/- in cash from the account of Saroj Nehra and Moti Lal Nehra. The investigation revealed that Ram Bahadur Singh Chauhan, SAS Agent (Standardised Agency System) submitted a withdrawal form duly filled up and bearing the signatures of Smt. Saroj Nehra in respect of joint RD Account No.140916. It further transpired in the investigation that Ram Bahadur Singh Chauhan had not only presented the withdrawal form but he also witnessed the signatures of the customer on the withdrawal form. The then Sub Postmaster Uday Narayan Singh on being satisfied by the witness of Ram Bahadur Singh Chauhan on the withdrawal slip, sanctioned withdrawal of Rs.70,000/-. Thereafter, the applicant, being the Counter Clerk, made payment of Rs.70,000/- to Ram Bahadur Singh Chauhan, SAS Agent in cash.
Learned counsel for the applicant submitted that the applicant was not at all part of the conspiracy. He was posted only for a day when the transaction referred to above took place. He made the payment as the withdrawal form had due approval and sanction of Sub Postmaster Uday Narayan Singh. He also submitted that the customer Smt. Saroj Nehra in her statement has admitted that SAS Agent Ram Bahadur Singh Chauhan was having custody of her passbook and was operating the account on her behalf. He further submitted that the applicant has no criminal history. His role is distinguishable from that of the Sub Postmaster Uday Narayan Singh and SAS Agent Ram Bahadur Singh Chauhan. He submitted that the applicant, upon receiving the withdrawal form duly sanctioned by Sub Postmaster, in good faith made payment believing that it would be received by the customer without having any idea of the underlying conspiracy. He also submitted that in identical circumstances, Nawab Singh, one of the co-accused has been granted bail by this Court on 8.6.2017 in Criminal Misc. Bail Application No.12598 of 2017. It is submitted that Nawab Singh also came to be posted as Counter Clerk on account of the leave of the regular incumbent and made payment of Rs.32,000/- and 75,000/-. It is urged that the applicant is already in jail since 16.11.2016, and if enlarged on bail, he will not misuse the liberty.
Sri Gyan Prakash, learned counsel appearing on behalf of Central Bureau of Investigation urged that the applicant is charged of a heinous offence and criminal conspiracy under the provisions of the Prevent of Corruption Act and is not entitled to any leniency.
I have considered the submissions made by learned counsel for the parties and having considered their contentions and regard being had to the complicity of the applicant, severity of the punishment, the period since when he is in custody as well as the totality of the facts and circumstances of the case, including the fact that in the case of Nawab Singh, who is almost identically situated, bail has been granted, I consider it a fit case for directing release of the applicant on bail.
Let the applicant Rajeev Kumar be released on bail in RC No. 1202015A0005, under Sections 409, 420, 468, 471, 120B I.P.C.
and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, P.S. A.C.B./C.B.I. District Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
(Manoj Kumar Gupta, J) Order Date :- 26.2.2018 SL