ASHOK KUMAR CHAUHAN Vs. STATE

JUDGEMENT

(1.) This is an application under Section 438, Cr. P.C. for grant of anticipatory bail in case FIR No. 5/2002 under Sections 406/420/ 120-B IPC P.S. Kapas Hera (DIU Cell S/W), Delhi.

(2.) Learned Counsel for the Petitioner submits that petitioner Dr. Ashok Kumar is a qualified doctor. He was registered office at 63-A, Mayur Vihar Phase-II, Delhi (hereinafter the "Society"). Dr. R.L. Arora was Secretary and Ms. Promilla Sardar was Treasurer of the Society. Bank account of the Society could be operated by any of the two office-bearers, namely, President, Secretary or Treasurer. As per prosecution allegations, Secretary and the Treasurer floated another Society, "Lok Hitkari Sehkari Awas Samiti Ltd., Ghaziabad." They, under their own signatures, transferred about Rs. 2.50 crores from Society's account to newly floated Society at Ghaziabad. Petitioner did not sign any cheque and no money from the Society was transferred to any other account under the signatures of the petitioner. Petitioner was not aware of the amounts being transferred by Secretary and Treasurer to the New Society floated by them and the fraud committed upon the Society. On coming to know about the same, petitioner made all efforts to get the amount recovered. Secretary and Treasurer of the Society were arrested; now they are on interim bail and are paying embezzled amount in instalments.

(3.) Learned APP for the State, on instructions from S.I. Rajinder Kumar, DIU Cell S-W, Delhi did not contest the factual situation. However, he opposes the bail on the ground that petitioner being President of the Society, was equally responsible for huge loss; that petitioner as the President of the Society had been participating in the meetings of the society, signing minutes or other documents from time to time, which itself shows that conspiracy, therefore, he is not entitled to the relief of anticipatory bail.