The Allahabad High Court has allowed the anticipatory bail application to a person accused in a fake cheque payment case.
A Single Bench of Justice Nalin Kumar Srivastava passed this order while hearing a Criminal Misc anticipatory bail application filed by Nirmal Kumar.
Apprehending his arrest in Case under Sections 419, 420, 467, 468, 471 IPC, Police Station Ghatampur, District Kanpur Nagar, applicant – Nirmal Kumar has filed the anticipatory bail application seeking anticipatory bail.
Accused Raj Kumar Pal deposited a cheque to the tune of Rs 8,92,786/- in the account maintained at Punjab National Bank, Ghatampur Branch, Kanpur Nagar on 2.8.2010, which was issued with the joint signature of Upper Mukhya Adhikari and Chairman, Zila Panchayat, Fatehpur.
On 3.8.2010 and 4.8.2010, a substantial amount from that account was withdrawn by the said Raj Kumar Pal. Later on, the Bank was informed that the said cheque whereby the money was deposited, was forged. F.I.R was lodged and investigation started. After investigation, a charge sheet was submitted against three named accused persons, but the investigation was transferred to the Economic Offence Wing wherein the name of the applicant came into light and investigation is still going on.
Counsel for the applicant submitted that that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated in this matter. Allegations levelled against the applicant are false. Investigation is going on into the matter.
It is further submitted that the applicant is only a clerk in the Bank. His duties and work are specified. The name of the Chairman, Zila Panchayat ought to have been deleted by the Bank officer through his ID and this was not the duty of the applicant, as the said Chairman had no longer been in his office at the relevant point of time.
It is also submitted that since the authorized officer of the Bank did not delete the name of the Chairman, Zila Panchayat from the CBS System, the incident happened.
It is further submitted that after about 13 years of the alleged occurrence, the applicant has been named in this matter. The applicant has an unblemished career and he is still in service and as such he is entitled for anticipatory bail.
A.G.A opposed the prayer for anticipatory bail and submitted that the relevant papers sent by the Zila Panchayat Office, Fatehpur with the request to change the authorized signatory of the Chairman, Zila Panchayat, were not entered / updated in the computers of the concerned Bank by the applicant, who owed such duty. Applicant was totally involved in the commission of the crime with other co-accused persons to grab the money from the Bank. He has played an active role in the commission of the crime and as such he is not entitled for anticipatory bail.
“In this matter, a charge-sheet has already been submitted against three co-accused persons. Prima facie it appears from the perusal of the record that the act of deletion of the name of an account holder does not fall under the duties assigned to the applicant, who is said to be a single window operator in the Punjab National Bank. Involvement of the applicant has been shown after 13 years of the incident.
Considering the settled principles of law regarding anticipatory bail, submissions of the counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the filing of police report under section 173 (2) Cr.P.C before the competent Court”, the Court observed while allowing the bail application.
The Court ordered that,
In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till the filing of police report under section 173 (2) Cr.P.C before the competent Court on his furnishing a personal bond of Rs 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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/her from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the S.S.P/S.P concerned.