DHIRAJ GUPTA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This application under Section 438 Criminal Procedure Code has been preferred by the applicant for anticipatory bail who is alleged to be involved in the offence of cheating and forgery under Sections 420/468/471/120-B of Indian Penal Code. The allegations are that the instant applicant in conspiracy with other accused persons produced fake Kisan Vikas Patras(KVP) and NSC Certificates and obtained loan of different amounts in favour of Shri Gurdeep Kambhoj and these amounts were later on withdrawn by cash. The loan, which was obtained from the complainant bank namely Vaish Cooperative New Bank Ltd. by producing fake KVPs and NSCs, was Rs. 10 lacs on 20th July,2006, credited in account No. 704993, Rs. 5,14,000/- on 21.7.06 credited in account No. 704993 on 21.7.2006. The loan of Rs. 6,48,900/- credited in account No.704993 on 9.8.2006. The loan of Rs. 9,99,100/-on 9.8.06 credited in account No. 704993 and another loan of Rs. 7,06,000/-credited on 4th September, 2006 in the same account and a loan of Rs. 4,97,000/-on 4.9.1996 credited in the same account. Similarly, there were other loans got sanctioned in this manner to Rs. 48,62,000/- was taken from different branches of the bank out of which Rs. 5,80,000/- was deposited in cash. Rest of the loan was not paid neither the installment were paid. When the bank got suspicious, the NSCs and KVPs were sent for verification and it was surfaced that they were stolen and forged documents. The efforts to trace the accused persons were made but in vain. The present applicant had introduced Gurdeep Kambhoj to Ashish Bansal and hatched conspiracy. He also got an S.B. Account opened in the name of Gurdeep Kambhoj in the Vaish Co- operative New Bank Ltd. He accompanied Gurdeep Kambhoj and other accused persons at the time of withdrawal of money. He has been absconding since date of registration of FIR.

(2.) It is submitted by counsel for the applicant that the role assigned to the applicant is that he was present in the bank at time when money was withdrawn and no other role has been assigned and the applicant was, therefore, entitled to anticipatory bail.

(3.) It is settled law that an FIR is not an encyclopedia of facts. The investigation done so far by the investigating agency shows that there was a deep conspiracy hatched up to dupe the bank of huge amount and the applicant was one of the conspirators. He helped in opening S.B. Account of the other accused in which cheated money was transferred and then withdrawn. Several incriminating documents including rubber stamp used to apply KVPs and NSCs are to be recovered. The applicant has been named as one of the main conspirators who helped in opening account and siphoning away the entire money which have gone has still to be found out by the investigating agency.