GAURAV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 3 of 2018, dated 26.02.2018, under Sections 420, 409, 465, 468, 469, 471 and 120B IPC, registered in Police Station CID Bharari, Shimla, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are permanent residents of District Solan, Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 22.02.2018 police received letter dated 01.02.2018 from the office of AGM (DM) State Co-operative Bank Limited Shimla. It is alleged in the complaint that one of the employees of the said bank, i.e., Lalit Mohan Bhardwaj (co-accused), Assistant Manager, committed financial irregularities, illegal withdrawals/transaction from the accounts of borrowers, when he was posted at Branch Office Kholighat, Sub Tehsil Nankhari, District Shimla. The matter, after being inquired by a committee of the bank, was sent to Head Office, The Mall Shimla and the head office ordered the AGM (DM) State Co-operative Bank, to request the police for registration of FIR. It is further contended in the complaint that on 14.09.2017 Shri Ram Singh made a complaint to the Bank that Rs. 1,00,000/- and Rs. 56,000/- had been wrongly debited from his account. Said Shri Ram Singh further alleged that while credit limit was sanctioned to him, two blank cheques signed by him were taken as security by Branch Manager, Lalit Mohan Bhardwaj. He further contended that Rs. 1,48,300/- which was deposited in his account, does not belong to him. On departmental probe, the allegations leveled by Shri Ram Singh were found true and it was unearthed that Lalit Mohan Bhardwaj deposited the amounts in the accounts of Shri Pawan Kumar (brother of Lalit Mohan Bhardwaj), Shri Vidya Sagar (uncle of Lalit Mohan Bhardwaj), Smt. Ramila Kero and Shri Roshan Lal without any authority or direction from them. Shri Vidya Sagar and Shri Pawan Kumar, account holders, in their written averments made to the bank clarified that they did not request for any loan from the Bank, Branch at Kholighat. Smt. Ramila Kero averred that an amount of Rs. 1,00,000/- had been withdrawn from her account without her signatures. Lastly, Shri Roshan Lal averred that no cash credit limit has been availed by him. In the complaint, so made by the AGM (DM), in addition to the above allegations, allegations were also made qua financial bungling, misappropriation of bank funds, criminal breach of trust, fraudulent encashment through manipulation of books of accounts/fictitious accounts, unauthorized credit facilities extended for illegal gratification, cheating, theft of bank records file and forgery. Police, on the premise of the above allegations, registered a case and the investigation ensued. Police recorded the statements of the witnesses and obtained the relevant records. After meticulously scrutinizing the records, it was unearthed that Rajinder Kumar Bhardwaj, Promila Bhardwaj, Gaurav Bhardwaj (petitioners herein) along with Harish Chauhan (co-accused) etc. illegally withdrew the money. It has further come in the investigation that Lalit Mohan Bhardwaj opened fake bank accounts and made transactions in those accounts. In total he embezzled approximately Rs. 90,00,000/- (ninety lac). Said Lalit Mohan Bhardwaj on fake documents opened the accounts. On 25.03.2019 Lalit Mohan Bhardwaj was arrested and he divulged that he alongwith the petitioners and one Harish Chauhan embezzled lacs of rupees. The petitioners managed to open their accounts on fake documents and thereafter loans were sanctioned to them. On 29.03.2019 the learned Trial Court enlarged co-accused Lalit Mohan Bhardwaj on bail and another co-accused Harish Chauhan was also enlarged on bail. As per the police, the petitioners are joining and co-operating in the investigation, some amount has been recovered from them and remaining Rs. 22,60,000/- is yet to be recovered. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as they are very clever persons and they have prepared fake Aadhar Cards to defraud others. The petitioners are not depositing the remaining recoverable money and taking advantage of interim bail granted to them, they are hiding the truth. Dismissal of the bail applications is prayed on the premise that in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice.