KRISHNA ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is Crl. Misc. No. 33656-M of 1998 whereby Krishna Arora wife of Naresh Kumar (petitioner herein' has prayed for the grant of anticipatory bail to her in case FIR No. 299, dated 30.7.1998 registered under section 406/420/120-B IPC, at P.S. City Yamuna Nagar.

(2.) The prosecution case in brief is that the petitioner, her husband Naresh Kumar and her daughter Supriya were agents of the post office. They had been receiving money from various persons for being deposited in their accounts and they had not been depositing that amount but misappropriating the same. Smt. R. Puri, opened an account on 9.1.1993 with an initial deposit of Rs. 200/- in the name of her minor daughter Kartika. She continued depositing Rs. 200/- every month in that account and deposited that amount in the account upto 15.12.97, there should have an amount of Rs. 12,000/- in that account whereas there were only Rs. 1,000/- in the account. Similarly, Kedar Nath opened an account with Rs. 100/- per month and in place of Rs. 3,000/- which he gave to Smt. Krishna Arora, he found a sum of Rs. 2,000/- in his account. Account opened by Smt. R. Puri was being operated by Smt. Krishna Arora MPK by agent No. 3782 appointed by Deputy Commissioner, Yamuna Nagar. In the post office record, only 5 entries were available of Rs. 200/- each. Smt. R. Puri mother of baby Kartika had paid instalment for each month to the agent regularly but the agent had deposited only 5 instalments and handed over pass book inserting the entries. Smt. Krishna Arora in writing and Naresh Kumar verbally had admitted this fact and voluntarily deposited the amount of Rs. 11,000/- on 1.4.98 against non-credit of 55 instalments. Similar is the position with regard to the account No. 96754 being operated in the name of Kadam Singh. This account was being operated by Ms. Supriya. According to the prosecution, Naresh Kumar managed some stamp impression of Yamuna Nagar post office in the 'absence of concerned officials fraudulently. According to the prosecution, various publicmen were approaching Yamuna Nagar post office for inquiring about money being deposited by them through Naresh Kumar or his family who were not readily available at his residence or shop. Naresh Kumar had defalcated the public money in lacs. Public will be coming to the post office as and when their RD account/time deposit accounts mature and then they will know about defalcation.

(3.) It was submitted by the learned counsel for the petitioner that she has nothing to do with the alleged offence. Whatever money was paid by the complainant, the same was deposited in the post office and if any entry was made that was made by the post office and not by the petitioner. Allegation levelled against the petitioner is that one Smt. R. Puri opened one RD pass book in the name of her daughter Kartika with initial deposit of Rs. 200/- and on 15.12.97, she found that as per the post office record, balance was only Rs. 1,000/- whereas it should have been Rs. 12,000/- on 1.4.98, Rs. 11,000/- was deposited in that account. It was submitted that if any irregularity in the entry of the pass book was made, that was made by the post office personnel. In the FIR also, it was mentioned that account was operated by Naresh Kumar on behalf of the petitioner. Co-accused Supriya was allowed anticipatory bail while Naresh Kumar was allowed regular bail by the learned court below. It was further submitted that the petitioner is a woman. It was further submitted that the amount in the account has been made good. Amount said to have been misappropriated by Naresh Kumar, his wife Krishan and daughter Supriya belongs to many depositors. It is not a case where anticipatory bail should be allowed to the petitioner. So, her prayer for anticipatory bail is declined. Petitioner may surrender before Chief Judicial Magistrate, Yamuna Nagar and apply for regular bail. If surrenders and applies for regular bail before Chief Judicial Magistrate, Yamuna Nagar till 20.7.1999, the petitioner shall not be arrested. He will dispose of her prayer for regular bail till 5.8.1999. Till 5.8.1999, the petitioner shall not be arrested. Disposed of.