- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Manoj Kumar Gupta with a prayer that he may be released on bail in Case Crime no. RC-0072006a0017 of 2006 (Special Case No. 7 of 2007 RC No. 17 (A) of 2006) under sections 120-B, 420, 467, 468 and 471 I. P. C. and 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988 P. S. C. B. I. De-hradun.
(2.) The facts of the case in brief are that in the present case F. I. R. has been lodged by Lalji Lal, Senior Superintendent of Post Office, Saharanpur Division on 31. 8. 2006 in connection with an incident alleged to have taken place in the year 2005-06 in respect of the offence relating to the criminal conspiracy, criminal breach of trust forgery of valuable securities, forgery for purpose of cheating using forge documents as genuine and criminal misconduct against the applicant and co-acaised Kan-haiya Lal Sharma, Brij Bhushan Pal, Amar Singh, Lokesh Kumar and Prashant Tyagi. The applicant and co-accused Lokesh Kumar and Amar Singh were posted as Postal Assistant, the co-accused Brij Bhushan Pal, Kanhaiya Lal Sharma were then posted as Assistant Post Master and co-accused Prashant Tyagi was a private person. The matter was investigated by C. B. I who submitted the charge sheet against the applicant and other co-accused persons. After investigation the I. O. came to the conclusion that except co-accused Prashant Tyagi, the applicant and remaining co-accused were posted at the head office, Saharanpur, they fraudulently, withdrew total sum of Rs. 3823240/- on the basis of fake and forged documents from the Head Post Office, Saharanpur. It has been revealed in the investigation that during the year 2005-06 the applicant and other co-accused persons entered into a criminal conspiracy with a private person and in furtherance of that criminal conspiracy made fraudulent withdrawal from 33 accounts of monthly income schemes ( M. I. S.) maintained at the Head Office, Saharanpur on the basis of forged and fake withdrawal form, the withdrawal form had forged the signature of the account holders and the accounts were closed prematurely/finally by the accused persons without the knowledge/request of the respective account holders and the total sum of Rs. 3800080/-was withdrawn on the basis of forged documents from 33 accounts. It has already been revealed that 33 monthly income scheme (M. I. S) account were open by the account holders through Prashant Tyagi S. A. S. Agent. Sri Sushant Tyagi, Pawan Kumar and Prem Kumar and accomplices Sri Prashant Tyagi himself withdrew the amount from the above mentioned 33 accounts as messengers on the basis of forged signature of the account holders to forge the signature of the account holders on the withdrawal form, which was witnessed by Prashant Tyagi and accomplice Sushant Tyagi. The withdrawal forms were filled in the handwriting of Raj Kumar Tyagi, Pawan Kumar and Prashant Tyagi. It also revealed that the applicant and other co-accused as Postal Assistant and Assistant Postal Master facilitated the withdrawal of Rs. 3800080/- on the basis of withdrawal forms which were bearing forged signature of the account holders abusing their official position as a public servant and also made payment in cash to messengers. They were neither authorised to make payment in cash over Rs. 20,000/- nor they were permitted to make payment to the messengers in case of premature closure/final closure of M. I. S. Account as per provisions of guidelines/manual of the postal department. The Handwriting expert has confirmed the handwriting/signature of Prashant Tyagi, Pawan Kumar, Raj Kumar Tyagi, Prem Kumar, private persons and Kanhaiya Lal Sharma, Brij Bhushan Pal, Amar Singh, Lokesh Kumar on the withdrawal form of the above mentioned M. I. S. Accounts. The applicant and other co-accused persons cheated the department to the tune of Rs. 3800080/-, the sanctioning authority has accorded the sanction for prosecution of the applicant and co-accused Kanhaiya Lal Sharma, Brij Bhushan Pal, Amar Singh and Lokesh Kumar. The applicant applied for bail before the learned Special Judge C. B. I. (Anti Corruption) U. P. East Ghaziabad, the same has been rejected on 5. 6. 2007. Heard Sri G. S. Charurvedi, Senior Advocate, assisted by Sri Samit Gopal and Pawan Singh Puadir, learned Counsel for the applicant and Sri G. S. Hajela, learned Counsel for C. B. I.
(3.) IT is contended by the learned Counsel for the applicant that the applicant has been falsely implicated in the present case, the allegation against the is that he had processed the premature closure/withdrawal documents of the account of Smt. Savitri Devi, she was having only Rs. 52,940/- in her account No. M. I. S. 1007644 even according to the prosecution version for payment of the aforesaid amount, the applicant processed the premature withdrawal and the same amount was withdrawn about five months prior the maturity, its sanction was given by the co-accused Brij Bhushan Pal Assistant Post Master, the applicant was having no knowledge about any forgery. IT was witnessed by the co-accused Prashant Tyagi, its payment was made by the counter clerk Sri Manoj Kumar to the - co-accused Prashant Tyagi. The case of the applicant is distinguishable with the case of other co-accused. The applicant is innocent person, he has been falsely implicated in the present case. He is in jail since 2. 6,2007. He is a government servant. There is no chance of his absconding and tempering of evidence. The applicant has been granted bail in similar offences i. e. In case Crime No. 286 AB/06, Crime No. 386 B. K. of 2006, Crime No. 386 AK of 2006, Crime No. 386 AU of 2007 P. S. Sadar Bazar district Saharanpur. The bail to the applicant has been granted by the learned Sessions Judge, Saharanpur vide order dated 4. 5. 2007, 8. 5. 2006 and 27. 4. 2007. In reply to the above contention it is submitted by Sri G. S. Hajela learned Counsel for C. B. I, that during investigation sufficient material has been collected against the applicant showing his involvement in the present case. It is further submitted that the counter clerk tallies signature of the depositor on the withdrawal slip with the record of the post office, if the same does not tally, the mark "specimen signature differ" and he shall put the same before the Assistant Post Master for enquiry if the differences in signature is minute, the Assistant Post Master can order for payment, if the signature does not tally, the depositor shall be asked to got some witness. In case of M. I. S. Account Post Office cannot make payment to messenger. It has been revealed that withdrawal slip (final closure) dated 31. 5. 2006 in respect of the account No. 1007644 of Bhagwan Das Savitri Devi was submitted by the messenger. The co-accused Shushant Tyagi Counter Clerk Manoj Kumar have taken the co-accused Brij Bhushan Pal, Assistant Post Master ordered for the payment, the same was paid by Manoj Kumar Gupta to messifrtger co-accused Sushant Tyagi in cash Rs. 52340/- The signature of Smt. Savitri on the withdrawal form was forged. In payment over Rs. 20,000/- has to be made with cheque but in the present case in contrary to the departmental rules cash payment of Rs. 52340/- was made to the messenger Prashant Tyagi. The payment was made in furtherance of criminal conspiracy with the applicant and other co-accused persons, in process the applicant and other co-accused persons are involved in cheating of Rs. 3823240/- a very heavy amount to the post, off ice involved, therefore, the applicant cannot be released on bail.;