A man declared a proclaimed offender over 18 years ago in connection with a 20-year-old fraud case has been denied bail by the Special CBI Court in Delhi, which observed that his conduct of having escaped the “due process of law for around two decades dis entitles” him from the reprieve.
Factual Background
The man was accused in a case in which false claims were allegedly made with insurance companies and seven cheques worth ₹9.18 lakh were issued by the accused persons. The modus operandi was stated to be of double payments on claims that were already dealt with by changing the scrutiny sheets, voucher copies and replacing them with forged documents. The cheques were deposited in unknown accounts, it was further alleged.
The accused in the present case was alleged to be involved in one such case, where a cheque was encashed through him and a fictitious account was created. The year in which the fraud took place was 1994 and the accused was stated to have “absconded and evaded” arrest in the case ever since the FIR got registered in 1999. A court declared him to be proclaimed offender on February 26, 2003. It also came to the surface that the accused was missing for 18.5 years until when he was eventually bought to police custody on July 22, 2021. The trial took place without him and concluded by the conviction of five persons, including his brother.
Case of the Accused
The accused in his defense stated that he is falsely charged with fraud in the present case. The counsel of the accused contended that the accused was unaware that there is any case being filed against him. The man is also said to have no prior history of crime.
Case of the Prosecution
The CBI Counsel highlighted that the accused was well aware that there is an ongoing case against him, he was missing and escaping the due process of law voluntarily and intentionally.
Observation of the Court
The Court found no basis on the contention of the accused that he was unaware that there is an ongoing case against him.
“Even though the accused was living in Delhi, but was evidently hiding and apparently waited for the fate of this case. It is only after 10 years after the judgment of conviction was recorded on 31.10.2011 that CBI could locate and arrest the applicant /accused” the order added.
Case Details
Before: Special Court, Delhi
Case Title: CBI v. Ramesh Chander Upadhyay
Coram: Mr. Surinder S. Rathi, Judge, CBI Special Court
Read Order@LatestLaws.com
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