SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Through Video Conferencing Bail petitioner namely Sanjeev Kumar, who is behind the bars since July, 2020, has approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 171/2020 dated 15.6.2020 under Sections 419, 420, 468, 471 and 120-B of IPC, registered at Police Station Nurpur, District Kangra, Himachal Pradesh.

(2.) Status report filed in terms of order dated 27.11.2020, reveals that on 11.6.2020, complainant Shubh Raj sent a complaint to SDO Nurpur, District Kangra, H.P., alleging therein that between 12.5.2020, to 23.5.2020, sum of Rs. 48,90,374/- has been illegally/unauthorisedly withdrawn from his saving bank as well as pension accounts by some unknown persons. He alleged that factum with regard to unauthorized withdrawal from his saving and pension accounts came to his knowledge on 11.6.2020, when he visited his Bank i.e. Punjab National Bank, Nurpur and as such, appropriate action accordance with law be taken against the accused.

(3.) During investigation, police found that on 17.3.2020, mobile number given for SMS alert to the bank was changed from 94181-06167 to 86270-16345. Police further found that on 12.5.2020, one Debit Card Inter Sole was issued in the name of the complainant from PNB Kundali, Haryana. Between 13.5.2020 to 23.5.2020, total sum of Rs. 48,90,374/- came to be withdrawn online from the saving, pension accounts as well as FDR of the complainant. The aforesaid amount of Rs. 48,90,374/-, subsequently, was found to be transferred in the name of some jewelers at Rewari, Haryana. Police after having investigated bank accounts of jewelers obtained their bank details. The jewelers as named in the status report disclosed to the police that two persons covering their faces with masks on account of Corona had made aforesaid online payment qua the purchase of gold ornaments after having shown their Aadhaar Card as identity proof. All the jewelers as named in the status report expressed their inability to recognize persons, who had transferred amount in their accounts. On 12.5.2020, police also took into custody record of PNB Kundali, whereby Debit Inter Sole Card was issued in the name of the complainant. As per investigation, co-accused Vinod Kumar on 13.7.2020 disclosed that person namely Tarun and Vinod Kumar had obtained mobile Sim No. 86270-16345 from person namely Raj Kumar vide bill No. 2060 dated 5.2.2020. Using aforesaid sim, main accused Karan, Veer Singh and Sachin got the SMS alert number changed from the original mobile number bearing 94181-06167 of the complainant to 86270-16345. On 16.3.2020 above named accused reached Chamba and allegedly on 17.3.2020 illegally and unauthorisedly withdrew the amount from saving as well as pension account of complainant.