PANKAJ NAQVI, J. - (1.) REJOINDER affidavit and supplementary affidavit filed today, are taken on record. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Arvind Agrawal for applicant and Sri R.D. Yadav, learned A.G.A. Applicant - Shashi Bhushan Dubey seeks bail in Case Crime No. 121/2010, under Sections 467/468/471/419/420/409/120 -B IPC, P.S. Chandauli, District Chandauli. 1. An F.I.R. came to be lodged by Sri A.K. Rai, Branch Manager, Punjab National Bank, Chandauli on 23.4.2010, alleging that S.D.M., Sadar and Sri M.K. Chauhan, Project Director of National Highway Authority of India (N.H.A.I.), were maintaining a current A/c No. 41190021 -00002974 since 2013 in his branch. On the basis of statement of accounts for the financial year 31.3.2010, a discrepancy was brought to the notice of the bank by N.H.A.I. on 21.4.2010 that an amount of Rs.46 lacs, has been fraudulently siphoned of from the said account through seven cheques but the bank does not have any documents in support of said withdrawals. It was alleged that aforesaid amount of Rs.46 lacs was credited in the account of one Trinetra Kumar, s/o Jageshwar Dayal, r/o Pratapur, Chandauli into his A/c No.41190001 - 00055581, the entire amount has been withdrawn either through A.T.M. or by means of cheque less Rs.8.5 lacs. It was further stated that efforts made to contact Trinetra Kumar, proved to be of no avail and then his Introducer, namely, Amit Singh (co -accused) stated in writing that he had introduced Trinetra Kumar on the request made by Uttam Kumar Tiwari (co -accused), the Business Facilitator of the Branch and that he had no knowledge whatsoever of the whereabouts of Trinetra Kumar. It was further stated that amount of Rs.8.5 lacs was credited in the account of N.H.A.I. on 21.4.2010. On an inquiry conducted, it transpired that aforesaid fraud was committed with the misuse of password of the then Branch Manager, the applicant and other officials of the bank. The applicant denied his accomplicity in the aforesaid fraudulent transactions and is alleged to have stated that said fraudulent transaction was an outcome of Uttam Tiwari, Business Facilitator, who is well -versed with computer technology/operating system by hacking the password.
(2.) DURING investigation, charge -sheet was filed against Uttam Tiwari, Arvind Tiwari and one Dinesh Maurya only. The case went on trial. After 11 prosecution witnesses had been recorded, an application was filed by P.W. -1 (the informant) under Section 319 Cr.P.C., summoning the applicant along with other persons, which was allowed on 31.7.2013. The applicant unsuccessfully challenged the order dated 31.7.2013 before this Court in Crl. Revision No.2373/2013. However, after his surrender, his bail came to be rejected on 4.7.2014.
(3.) IT is submitted on the strength of order dated 26.7.2012, passed in Departmental Proceedings under the authority of Deputy General Manager, Punjab National Bank, Circle Office, Varanasi that the applicant has been held guilty only of dereliction of his duties/irregularity as being the In -charge of the bank, in adhering to banking guidelines and accordingly was inflicted with a punishment to a reduction in 8 lower scale in the time - scale of pay till superannuation with further direction that he will not earn increments of pay during period of such reduction but his accomplicity in the fraudulent transaction has not been established. He further submits that applicant, in order to assist the prosecution, has now joined as P.W. -2 and that in the evidence so tendered by P.W. -1 (the informant), nothing incriminating has been stated against him. He further submits that applicant being a bank employee, chances of his absconding, is absolutely remote. He further submits that consequent upon allowing of an application under Section 319 Cr.P.C., position which now emerges is that a de novo trial is to be conducted with the examination of P.W. -1 onwards afresh which creates uncertainty as to when the trial is likely to conclude; the entire amount which was alleged to have siphoned of from the account of N.H.A.I., has been credited back into their account. He finally submits that the applicant is languishing in jail since 23.6.2014. Learned A.G.A. on the strength of averments made in paragraph 9 of counter affidavit, submits that bank officials are given a secret password, which they are liable to change every fortnight, as they did not adhere to the same, it resulted in a fraudulent withdrawal of Rs.46 lacs in a period of 4 & months.;