SUKUMAR JAIN (ANTICIPATORY BAIL) Vs. U.O.I.

JUDGEMENT

(1.) Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Amrendra Singh, learned counsel for the applicant as well as learned Anurag Singh, learned counsel appearing on behalf of C.B.I.

(2.) Present application has been moved by the applicant seeking anticipatory bail in connection with Criminal Case No. 1426 of 2017 - C.B.I. Vs. Indrajeet Tiwari and Others, arising out of RC No. 0532014A0006, under Sections 120-B read with Section 201, 204, 409, 420, 467, 468, 471, 477(A) I.P.C. and Sections 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act and Section 66 of the Information Technology Act, 2000, pending in the Court of the Special Judge, CBI Court No. 6, Lucknow.

(3.) It has been submitted by learned counsel for the applicant that according to the first information report, the entire records of the Head Post Office, Lalitpur, were digitilized and the process of digitilization was out sourced. This process was carried out during the period 2013-14. According to the first information report the accused persons in consipracy with each other installed Data Entry Module (a kind of software to change the data in the computer entries) in their respective system in the Account Branch and other system placed in the Head Post Office and Sri Indra Jeet Tiwari and Sri Shailesh Khare used the computer of Account Branch to modify the deposit amount in the data entry module in the Post Office computer record. Thereafter, they use to send someone at the counter to withdraw the money so deposited in fake accounts. At the counter, Vinod Kumar Chaudhary, Postal Assistant used to facilitate them in taking withdrawals of huge amount. In order to facilitate in these fraudulent withdrawals, they used to take witness of above mentioned National Savings Agents on the withdrawal vouchers which is prohibited as per rules. On the basis of fake witness done by National Savings Agents Anil Kumar Jain S/o Sri Suresh Chandra Jain, National Saving Agent No. 79 R/o 24, Saraipura Lalitpur and Manoj Singhai S/o Sri Mahendra Singhai, National Saving Agent No. 100 R/P 275, Katra Bazar Lalitpur, huge amount of money was misappropriated by them, which caused a wrongful loss to Government Exchequer and a wrongful gain to themselves.