ASHOK KUMAR PURI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioners under Section 438 of the Code of Criminal Procedure seeking their release, in the event of their arrest, in case FIR No. 7 of 2019, dated 30.07.2019, under Sections 420, 467, 468, 471, 120B IPC and Section 13(2) of PC Act, 1988, registered in Police Station SV & ACB, Una, District Una, H.P.

(2.) As per the averments made in the petition, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending them behind the bars, so they be released on bail.

(3.) An exhaustive police report has been filed. As per the prosecution story, on 20.07.2019, after approval of the competent authority a communication was received by the police for registration of a case. The complainant alleged that Smt. Nutan managed to siphon 2.2 crore loan from Kangra Central Co-operative Bank (KCCB) in connivance with the bank authorities. In an inquiry, it was found that petitioner Ashok Puri, who was Assistant General Manager, Una, sanctioned and disbursed Rs. 1.31 crore loan to Smt. Indu Walia and Shri Ram Prakash Singh without adhering to the rules. These loans were declared NPA (Non performing assets) in the year 2015-16. Petitioner Ashok Puri during his stint as Assistant General Manager, Una, sanctioned loans of Rs. 25 lac, which was beyond power and authority. Petitioner Ashok Puri committed financial irregularities by misusing his official position. Likewise, petitioner Kamal Dev Bhogal, sanctioned and disbursed loans of Rs. 2.15 crore without adhering the financial norms to Smt. Indu Walia and Shri Ram Prakash Singh, thus he also committed financial irregularities. Petitioner Kamal Bhogal has been charge sheeted by the KCCB, Head Office Dharamshala. In addition to the above allegations, the complaint mentioned several other criminal offences committed by the petitioners. It has come in the inquiry conducted by the KCCB that Smt. Indu Walia and her husband Shri Ram Parkash are connected directly or indirectly with 31 loan accounts of Rs. 5.46 crore and petitioner Ashok Puri sanctioned and disbursed Rs. 1.31 crore out of 5.46 crore and petitioner Kamal Bhogal sanctioned and disbursed Rs. 2.15 crore out of 5.46 crore. Smt. Indu Walia deposited Rs. 1,98,92,428/-, in cash, in the bank. During the inquiry major similarities have been noticed in processing of the loans. During the course of investigation, it was unearthed that petitioner Ashok Puri, during his stint as Manager in KCCB, Branch Office Una & RH Una, fraudulently and dishonestly sanctioned and disbursed loan of Rs. 91 lac to Indu Walia and Ram Prakash without adhering to the financial rules. These loans have total outstanding amount of Rs. 1,23,66,693/- and in addition to this certain other loans have been sanctioned by petitioner Ashok Puri. Similarly, it has come in the investigation that petitioner Kamal Bhogal during his stint as Manager in KCCB, GC, Una, fraudulently and dishonestly sanctioned and disbursed 11 loans amounting to Rs. 2.39 crore. These loans are fictitious/benami loans of which Indu Walia is actual beneficiary. Petitioner Kamal Bhogal has also been charge sheeted by the bank authorities. Lastly, it is prayed that the bail application of the petitioners be dismissed, as the petitioners have committed serious financial irregularities and put the public money on stake by abusing their official positions. There is possibility that in case at this stage the petitioners are enlarged on bail, they may flee from justice. The petitioners can also tamper with the prosecution evidence, so their bail application be dismissed.