- (1.) This bail application has been filed under Section 439 Cr.P.C arising out of FIR No. RC.BD 1/2016/E/0002 P.S. CBI, BS&FC, New Delhi punishable under Sections 120B read with 409, 420, 467, 468, 471 IPC and Sec.13(2) read with 13(1) (c)(d) of Prevention of Corruption Act, 1988 regarding which bail application of the petitioner has been rejected by learned Special Judge (CBI Cases) No.2, Jaipur vide order dated 12.7.2016.
(2.) Brief facts of the case are that an FIR came to be lodged on the basis of written complaint of Sh.C.Sridharan, Deputy General Manager, Syndicate Bank, New Delhi stating therein that a fraud was committed by branch officials and a group of customers by resorting to discounting of fake/forged cheques, fake bills and arranging overdraft limit against nonexistent LIC policies aggregating to Rs.1055.78 crores at Malviya Nagar, Jaipur, MI Road, Jaipur Branch and Udaipur Branches of Syndicate Bank. It is averred in the FIR that the petitioner has entered into criminal conspiracy with his relative Santosh Kumar Gupta @ S.K.Gupta, the then Chief Manager, Bharat Bamb and Vipul Kaushik and others. In pursuance of the said conspiracy, accused Vipul Kaushik got issued cheques from his Patanjali Yog Chikitasalya having an account No.135 at Rajsamand Urban Cooperative Bank Nathdrawar. The said cheques were forged by showing them as being issued by Temple Board Nathdwara and were got discounted by related concerns of Bharat Bamb i.e. M/s. Mobile Associates, M/s. Everest Ashiyana and others. In pursuance of the conspiracy, the said defrauded bank funds/crime proceeds were transferred to the account of Shankar Khandelwal and bank accounts of his associates/relatives which were further used to reduce bank liabilities of firms/companies owned by his relatives. He is the beneficiary of the bank funds/crime proceeds received from the discounting of forged cheques purportedly shown as having been issued by Temple Board Nathdwara. He knowingly and dishonestly allowed his bank accounts for routing the defrauded bank funds/crime proceeds which were ultimately utilized by him for clearing/reducing bank liabilities of firms owned by his family members/relatives. He received Rs.50.0 lacs from M/s. Raj Minerals which were defrauded bank funds/crime proceeds availed against forged cheques.
(3.) The said amount was further transferred by him to Khandelwal Construction and Building on 28.5.2011.;