High Court of Punjab and HaryanaCRM-M/17438/2020dismissed

Anil Kumar v. State Of Haryana

2021-03-01Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17438-2020 Decided on : 01.03.2021 Anil Kumar . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT:

Mr. Pardhuman Garg, Advocate for the petitioner(s).

Mr. Manoj Kumar Taya, AAG, Haryana assisted by Inspector Shiv Charan.

**** MANJARI NEHRU KAUL, J. (Oral) The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No. 151, dated 16.06.2020, registered under Sections 406, 409, 420 IPC, registered at Police Station Kosli, District Rewari.

In compliance to the order dated 12th October, 2020, the State has filed the status report by way of affidavit of Vikas Kumar Arora, IPS, Inspector General of Police, South Range, Rewari, had been filed in the Registry. Same is taken on record, subject to all just exceptions. As per the status report filed by the State, the petitioner is involved in the commission of as many as 92 fraudulent bank transactions amounting to Rs. 36,08,392/-. It has also been stated in the said status report that the petitioner while working as a cashier in the Regional Office of the State Bank of India, Rewari, gained the knowledge regarding the charges portfolio and the dormant accounts of the Bank and misused the said knowledge, which he was privy to on account of his posting at Regional Office of the State Bank of India, Rewari, to carry out the aforementioned fraudulent transactions. Learned State counsel has further submitted that a thorough JAWALA RAM 2021.03.02 16:09 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-17438-2020 - 2 - investigation was carried out by the SIT, during which it came to light that as many as 92 vouchers pertaining to the fraudulent transactions carried out by the petitioner were missing.

It has been further submitted that the said documents were destroyed by the petitioner, as a result of which, the offences punishable under Sections 201 & 120-B IPC were subsequently added. Not only this, the amount of money withdrawn from the various accounts by the petitioner was credited in the accounts of his wife and brother-in-law and qua which, neither of them had any knowledge. Hence, a prayer was made by the learned State counsel for dismissal of the anticipatory bail prayer of the petitioner, the custodial interrogation of the petitioner would be imperative in the facts and circumstances of the case. Heard.

A perusal of the FIR in question reveals that the petitioner in a very clandestine manner by taking advantage of his previous posting at the Regional Office of the State Bank of India, Rewari, where, he had acquired the knowledge of the charges portfolio and the dormant accounts of the Bank, had hatched a conspiracy to misappropriate the funds of the Bank by committing fraudulent transactions. Therefore, keeping in view the aforesaid facts and the serious nature of allegations levelled against the petitioner, no ground for grant of anticipatory bail is made out.

Dismissed.

(MANJARI NEHRU KAUL) JUDGE March 01, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.03.02 16:09 I attest to the accuracy and authenticity of this document Chandigarh