ANSHUL KUMAR BAFNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First Bail Application under Section 439 of Cr.P.C. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.400/2014, registered in Police Station Civil Lines, Raipur, Distt. Raipur, CG, for offence under Sections 420, 467, 468 and 471 of IPC.

(2.) According to the prosecution, the applicant impersonated and presented himself as Mann Kumar Rai to obtain financial assistance of Rs.17,70,000/- from the State Bank of India, Tatibandh Branch. In course of the due diligence before sanction of the loan, the applicant allegedly submitted forged documents on the basis of which the loan papers were processed and cleared.

(3.) The FIR has been lodged by one Shri DK Upadhyay of SBI, Tatibandh Branch, however, on perusal of case-diary, it appears when the said Mann Kumar Rai committed default in repayment of loan, the Bank repossessed the vehicle not from this applicant but from the parking place of the apartment complex, where the applicant resides. There is no document also affecting the seizure from the premises. Ordinarily, before processing the loan papers, the Bank obtains CIBIL report and physical verification of the prospective borrower through its own agency and the loan amount is transferred to the Bank account of the borrower and thereafter a Demand Draft or Banker's Cheque is prepared in the name of the dealer through which the vehicle is to be delivered. The PAN No., Income Tax Details etc. are also obtained by the Bank and the same is to be verified by the Bank officers, therefore, it appears, at the processing stage, there may be culpability of the bank officers also. It is also to be seen that on default of repayment of loan the Bank immediately sold the vehicle to one Mannpreet Singh Garcha for Rs.10,51000/- and the said Mannpreet Singh Garcha sold it to Anuradha Modi. The applicant alleges that his papers were lying with Ashish Shukla, an Income Tax Advisor, who has forged the papers and obtained the loan by affixing applicant's photograph and forged the signature of Mann Kumar Rai.