Allahabad High Court
Rajat Bharti vs State Of U.P. on 9 April, 2025
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:51348 Judgement Reserved on : 11.02.2025 Judgement Delivered on : 09.04.2025 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31913 of 2024 Applicant :- Rajat Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Tripathi,Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
Heard Sri Vimlendu Tripathi, learned counsel for the applicant, learned AGA Arimardan Yadav, learned AGA for the State and perused the record.
The instant bail application at the instance of the applicant Rajat Bharti has been filed seeking enlargement on bail in Case Crime No. 279 of 2019, under Sections 409, 420, 467, 468, 471 IPC and Section 66 IT Act, Police Station Sector-58, Gautam Budh Nagar during the pendency of the trial in the court below.
Learned counsel for the applicant vehemently contends that the applicant is innocent and has been falsely implicated in this very case crime number for ulterior motive. He has not committed the crime as alleged. The bail application of the applicant was rejected by the Sessions Judge, Gautam Buddh Nagar, vide order dated 30.07.2024 and the applicant is languishing in jail since 15.07.2024.
It has been argued by learned counsel for the applicant that the applicant has not been nominated in the FIR dated 18.06.2019 giving rise to the afore-mentioned Case Crime Number. The name of the applicant has surfaced during the course of investigation. As per the prosecution story set out in the FIR dated 18.06.2019, 20 named beneficiary persons have availed medical facility (super specialty treatment) under the ESIC Scheme based on false entries of their details in the ESIC Portal through the ID 'Rajbhar' which was allotted to the applicant who was working as Junior Clerk, ESIC. It is also alleged that the amount involved is to the tune of Rs. 38,91,746/-
It has been argued that the ID allotted to the applicant was hacked, resulting in the fraud alleged. Investigation of the case was conducted for approximate 5 years and charge-sheet has been submitted against the applicant and 18 others co-accused/ beneficiaries on 25.07.2024 and cognizance has also been taken on 07.102.024. The applicant has cooperated with the investigation all along. The applicant has no criminal antecedents. It has also been argued that the applicant was allotted a Computer System having IP Address 182.77.11.88 and 122.177.251.148 and did not use any other Computer System in his offence and his ID and password was misused. It is also argued that he got knowledge of misuse of his ID and Password the same was changed as also the the mapping assigned to him. The investigation reveals that the IP Address, from which the fake entries were made are different and belong to different places i.e. Patiala (Punjab) and Delhi. The dispute appears to be regarding the different IP Address of the Computer/Laptops/Mobile Phones used to change the details of the registered beneficiaries through the applicant's ID and Password. The Investigating Officer has failed to collect any material in this regard and the applicant has been made a escape goat. The FIR itself was lodged by the ESIC Officials after a gap of one year and four months dispute knowing about the fake entries in the ESIC Portal.
There is no material to show that the forensic audit of the applicant's allotted Computer System shows any malpractice or unauthorized internal activity in respect of updating the details of the beneficiaries without authorization. It is also submitted that the Investigating Officer in his investigation has also recorded that besides the user ID and Password of the applicant, the user ID and Password of a few other Clerks have been used for fake update entries. The role of the Agency 'Railtel' in providing technical and IT support and services to ESIC has also been highlighted by submitting that the Agency was responsible for periodically providing Passwords to the employees of the ESIC. Lastly, it is submitted that the charge-sheet against the applicant has already been submitted on 27.05.2024 and his custodial interrogation is not required in the matter. There is no criminal history of the applicant. Hence the bail has been prayed for.
Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Rajat Bharti, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.4.2025 pks