KANCHI SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 438 with Section 482 Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No. 319/ 2003 u/Section 420/468/471/34 IPC, P.S. Okhla Industrial Area, New Delhi.

(2.) This case was registered on a complaint lodged by Mr. S.S. Sharma, resident of Village Nagdi, Bihar, alleging that on 3.4.2003, at about 10.30 a.m., he went to the post office at Okhla, Phase-I for sending some money to his village through Money Order (for short 'MO'); and he made enquiries from the petitioner, Kanchi Singh, who was the Post Master. Petitioner introduced him to another person sitting near the door, whose name he came to know later as Ram Dhani Mishra. He was sent there to get the MO form filled up and for receipt. Complainant handed over Rs. 2,000/- to Ramdhani Mishra and also paid Rs. 100/- towards fee and expenses. The money was handed over to the petitioner by Ramdhani Mishra in the presence of the complainant and a Receipt was given to the complainant. The receipt was shown by the complainant to the petitioner, who stated the same to be correct, assuring him that money would be delivered in time. The money never reached his village. Thereafter he met petitioner several times making enquiries. Ultimately, he lodged the report, Ramdhani Mishra was arrested by the police, who disclosed that at the instance of the petitioner, he used to issue Receipts and that deposited money was given by him to petitioner. He further stated that he used to issue 8 to 10 M.O. Receipts every day, during last six months. He also confessed having issued the receipt in the case of the complainant at the instance of the petitioner. Therefore, the petitioner was sought to be interrogated by the police. Petitioner moved an application for grant of anticipatory bail and the matter was argued at length, the same was dismissed as withdrawn on 30.9.2003, (Annexure - 3 Page 9-A). The order reads as under:-

(3.) After the dismissal of the application, petitioner did not participate in the investigation and NBWs were obtained against him to secure his presence. This is the second petition for anticipatory bail.