Mohan Singh vs C.B.I. on 15 November, 2022

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Allahabad High Court

Mohan Singh vs C.B.I. on 15 November, 2022

Heard Sri Anil Kumar Mehrotra, learned counsel for the applicant, Sri Gyan Prakash, learned Deputy Solicitor General of India/Senior Advocate, assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohan Singh, seeking enlargement on bail during trial in connection with Special Case No. 8 of 2020, arising out of F.I.R. No. RC1202017A0002, under Sections 120B, 420, 467, 468, 471 I.P.C. read with Sections 13(2), 13(1)(d) Prevention of Corruption Act, 1988, read with Section 66 Information Technology Act, 2000, pending in the court of Special Judge (Prevention of Corruption) Central Bureau of Investigation, Court No. 1, District Ghaziabad.

The allegations in the First Information Report are that during the year 2015 Ghaziabad Head Post Office was under the process of migration from Sanchay Post Offline software to Finacle online software. Before migration 61 already closed accounts being 49-RD accounts and 12 MIS accounts were reopened at Ghaziabad Head Office on different dates by making fake deposit entries by the Data Entry person. The said accounts were closed at Ghaziabad Head Office and Govindpuri Sub Office on different dates on the basis of fake and forged documents and the money which was transferred in the said accounts, was fraudulently withdrawn from the said closed accounts. A total sum of Rs.16470860/- of Government money was misappropriated by Deepak Garg and other persons in collusion with postal staff namely Rajeev Shankar the then Sub Post Master, Govindpuri (Modinagar) and Mohan Singh, the then Postal Assistant, Ghaziabad Head Post Office on the basis of fake and forged documents. The F.I.R. was thus lodged.

Learned counsel for the applicant argued that the applicant was posted as a Postal Assistant in various departments within Ghaziabad Head Post Office. It is argued that the allegation against the applicant is that while being posted as a Postal Assistant he used to sit in office in late hours and fraudulently transferred money from RD/MIS account to SB Account through so called account holders. It is argued that further it is stated that the amount was got withdrawn by the applicant even when he was not sitting in the public counter and was working as a ledger clerk. Learned counsel argued that in the present matter charge sheet has been submitted against the applicant and the investigation has concluded. It is argued that the allegations are vague and the applicant has been falsely implicated in the present case. It is argued that the applicant is having no criminal history as stated in para-67 of the affidavit and is in jail since 17.9.2021. It is argued that there are no chances of the applicant tempering with the evidence or threatening the witnesses. There is no credible evidence to show that the applicant was the person instrumental in getting the money withdrawn from the said SB accounts. Even there is no credible evidence to show that the money was transferred in the said account by the applicant. It is further argued that the co-accused Zahiruddin Khan has been granted bail by this Court vide order dated 28.7.2022 passed in Criminal Misc. Bail Application No. 35973 of 2021 (Zahiruddin Khan vs. State of U.P.), copy of the said order has been placed before the Court which is taken on record.

Per contra, learned counsel for the CBI opposed the prayer for bail and argued that the applicant is named in the F.I.R. During investigation it has surfaced that he had transferred money to various SB accounts and then the money was withdrawn due to which there was loss to the Government Exchequer. It is argued that charge sheet in the matter has been submitted. The applicant embezzled the money in conspiracy with co-accused Deepak Garg in the entire matter.

After having heard learned counsels for the parties and perusing the record it is evident that the applicant was posted as a Postal Assistant and was a government servant. The investigation has concluded and charge sheet has been submitted. The applicant is having no criminal antecedents. The co-accused Zahiruddin Khan has been granted bail by this Court.

Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

Let the applicant- Mohan Singh, be released on bail in the aforesaid case crime number on 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 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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.

The bail application is allowed.

(Samit Gopal,J.) Order Date :- 15.11.2022/Naresh

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Allahabad High Court