Ravindra Singh - (1.) HEARD Sri Ashutosh Srivastava, learned counsel for the applicant, learned A.G.A., for the State of U. P., and Sri Manish Trivedi, learned counsel for the complainant.
(2.) THE applicant Munna alias Mohd. Rafi Hasan has moved this application with a prayer that he may be released on bail in Case Crime No. 5 of 2008 under Sections 420, 406, 467, 468 and 471, I.P.C., P. S. Kotwali, District Kanpur Nagar. The facts in brief of this case is that the F.I.R. of this case has been lodged by Tej Bahadur Singh, Inspector In-charge of S.O.G. Kanpur Nagar on 3.1.2008 at 11.10 p.m. alleging therein that a gang is actively involved in Kanpur Nagar illegally withdrawing the money from the private Banks by way of forged credit cards and by opening the accounts in the name of fake persons in the Bank. About 10 to 12 persons are active member of this Bank and they have illegally withdrawn the amount of Rs. 5 crore from the private Banks. A team of S.O.G. headed by the first informant came at the campus of I.C.I.C.I. Bank where three co-accused persons who were coming out from the Bank were apprehended at 2.00 p.m. on 3.1.2008. They disclosed their names as Akhilesh Kumar Tiwari, Vijay Pandey and Hanuman Prasad Mishra but the above mentioned co-accused persons disclosed the name of the applicant and other co-accused persons thereafter the team of S.O.G. proceeded from the Bank at about 5.00 p.m. on 3.1.2008 and came to the Rehmani Market from where the applicant was apprehended from a shop where E.D.C. Machine was installed by which on the basis of the credit cards having the forged name and address a huge money was withdrawn, the applicant was arrested and from the pocket of his shirt three credit cards allegedly issued by I.C.I.C.I. Bank for which one of the credit card was in the name of A. K. Tiwari, the second credit card was of Sunita Tiwari and the third card was also in the name of A. K. Tiwari and from the computer of the shop 24 Bank cheques, some cheque books and two pass books in the name of different persons were recovered and from the possession of the applicant three driving licence in the name of Dinesh Kumar Sharma, Aman Avtar Mishra and Smt. Sunita Devi were also recovered and some other documents have also been recovered and one swapping machine alongwith some other electronic articles were also recovered. The similar articles were also recovered from the possession of other co-accused persons. It is contended by learned counsel for the applicant that applicant was not arrested on the spot but he was arrested subsequently from his shop, the recovery of some articles were planted. In fact the applicant was arrested from his house. The accused has been shown from his shop. The swapping machine was already surrendered by the applicant prior to the alleged incident, it's deinstallation certificate was issued by I.C.I.C.I. Bank on 24.11.2007. The applicant has been falsely implicated only on the basis of presumption. There is no independent witness to support the prosecution story whereas the alleged occurrence has been allegedly taken place in a highly populated area and no money has been recovered from the possession of the applicant. The recovery was not made as alleged by the prosecution. The recovery memo was prepared at the police station, no officer of vigilance department of the I.C.I.C.I. Bank has been made witness of the alleged incident. The applicant is sole bread earner of his family, his father is suffering from cancer disease. The applicant is not involved in any other case, therefore, he may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that the applicant and other co-accused persons by playing fraud have withdrawn a huge amount of money from the Banks on the basis of forged papers, credit cards and swapping machine and such articles have been recovered from the possession of the applicant also. The applicant has been apprehended and the other three co-accused persons have also been arrested by the police from the campus of I.C.I.C.I. Bank. IN such circumstances the applicant is not entitled to be released on bail. Considering the facts, circumstances of this case, submissions made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and considering the gravity of the offence and without expressing any opinion on the merits of the case, the applicant is not entitled to be released on bail, the prayer for bail is refused. Accordingly, this application is rejected.;