Manoj Bhardwaj vs State Of U.P.
2023 Latest Caselaw 27573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193875
 
Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37370 of 2023
 

 
Applicant :- Manoj Bhardwaj
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rakesh Dubey,Rakesh Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Renu Agarwal,J.

1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.253 of 2022 under Sections 420, 406, 467, 468, 471 IPC Police Station Kotwali District Ghaziabad.

3. According to the FIR the informant has purchased PNB MetLife Insurance Policies from PNB Employee Manoj Bharadwaj who was posted at PNB Bank Ambeadkar Road Branch, Ghaziabad in the year 2017. These policies are in the name of Pallav Agarwal bearing policy No. 22141226 and policy No. 22118838 each annual premium amount of Rs. One lakhs and have to be paid five years regularly. It is alleged that all premiums amount has been deducted from his bank account but in spite of repeated request made by the informant no receipt has been issued. On enquiry with the bank it was revealed that only first two premium payments were visible in the PNB MetLife and remaining three premium amounts though deducted from the bank of the informants were not visible. The informant was assured that the remaining receipts will be delivered by 13.06.2022 but since 13.06.2023 the applicant was absconding. On the basis of said allegation the Superintendent of Police concerned enquired the matter and found that not only Pallav Agarwal but Ram Avtar had also levelled similar allegations against the applicant. In pursuance of the said FIR the investigating officer proceeded to investigate the matter and recorded the statement of investors namely, Sudhir Yadav, Kamlesh Devi who have deposited sum of Rs. Six lakhs and Rs. five lakhs and fifty thousand respectively. Sudhir Yadav deposited the aforesaid amount at the concerned branch in the name of his mother. The aforesaid transaction was dealt by the applicant who was cashier at counter No. 11. On enquiry from the bank the said FD were found forged. Similarly Ravindra Kumar alleged to have invested Rs. Ten lakhs at the bank concerned in the form of fixed deposits. Similar application was preferred by Silochna Bansal and Sunil Bansal before the Senior Superintendent of Police, Ghaziabad during investigation it was found that they have invested Rs. Fourty one lakhs twenty thousand in the form of fixed deposits and Rs. Ten Lakhs have been transferred as cash to invest their money. Similarly Kunj Bihari who invested Rs. Six lakhs as fixed deposit in the name of his wife Manisha Singhal and Rs. One lakhs in the name of his daughter Shivani Singhal. Pooja Saini has also requested to consider her application as she has deposited Rs. Two lakhs and fifty thousand in the form of fixed deposit. One Prem Chand son of Ganga Ram had issued a cheque bearing No. 926761 worth Rs. Two lakhs. on 21.05.2022 for investment in fixed deposit.

4. During the investigation statement of Rahul Kumar son of Kunwar Pal who issued Cheque No. 247057 worth Rs.Six lakhs on 27.11.2022 and chaque No. 247073 worth Rs. One Lakh for investment in fixed deposit however, it is alleged that neither any FDR nor any receipt was handed over to him regarding the aforesaid payment. During his statement Rahul Kumar also revealed that Rs. Seven Lakhs which was invested as FDR and cash amount of Rs. Three Lakhs was being entrusted by the applicant. Kushnuma and Bheemsen stated during investigation that two cheques were handed over to the applicant in the month of February, 2022 for FDR and colour receipt have been furnished to the applicant. During the statement recorded under Section 161 Cr.P.C. Deewan Chand, Pooja Saini, Vikas Kumar Chauna, Rajendra Kumar Chauna have also stated the similar facts that they have invested their money for fixed deposit and in MetLife Scheme and the receipt of the payment were found forged and fictitious.

5. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the instant case. The applicant was arrested and taken into custody on 03.07.2022 and it is informed that thirty nine persons have been issued MetLife Policy. Amount of Rs. Seven Lakhs Six thousand Eight Hundred and Ninety Nine is informed to be deposited by the applicant and letters of the aforesaid persons have been handed over to the investigating officer. It is further submitted that few cheques were not verified by the applicant and they were endorsed by Nisha Nagar and verified by Pankaj Goel. Is further submitted that last two amount of Rs. Twenty Lakhs were cancelled in favour of Sudhir Yadav and transferred in the account No. 370300102302708 and second cheque to the sum of Rs. Twelve Lakhs was cancelled and transferred from account of Sudhir Yadav to the account of Arun Saini which was carried out by Nisha Nagar and verified by Naresh Kumar. It is further submitted that charges were framed by the applicant against the applicant on 28.09.2022 and the Investigating Officer arrayed as many as twenty four prosecution witnesses who were investors from different placed of district Ghaziabad have not appeared before the Court testify their statement and to support the prosecution version. The possibility of conclusion of trial within a pace of year is not possible. The applicant has already served out more than one year and there is no possibility of tampering with evidence. The applicant is of 37 years of age and he has a bright future. He is the sole bread earner of his family and the family of the applicant also suffers adversely on account of incarceration of the applicant. Lastly, learned counsel for the applicant submitted that the case of the applicant is covered by Judgment of Supreme Court passed in the case of Satendra Kumar Antile Vs. CBI and another) , the applicant has no criminal history apart from the instant case and is languishing in jail since 03.07.2022 if the applicant is released on bail he will not tamper with the evidence and will cooperate with trial.

5. Per contra learned A.G.A submitted that the accused was employee of PNB had misused the cheque issued by the investors. It is further submitted that it is not one or two investors but several investors have made complaint against the applicant and in all the applications it is found that the applicant misappropriated the amount and issued either forged receipt or did not pay any receipt or any policy. It is also submitted by the learned A.G.A that during enquiry the applicant has paid about Rs. Seven lakhs six thousand and eight hundred ninety nine for issuing FDR and towards the payment of MetLife Insurance Policy. It is further submitted by the learned A.G.A that if the applicant is enlarged on bail he will continue to cheat other investors and induce the witnesses and there is strong possibility that he will tamper with the evidence, hence the bail application is strongly opposed.

6. From the perusal record a few facts are admitted that the applicant was posted at PNB at the relevant time. It is not denied that he was entrusted with cheques and cash for issuing FDR and policies. The applicant in spite of repeated requests did not issue policies and the receipt which was issued were found coloured and forged when he was arrested thirty nine policies issued in favour of different persons and the amount was credited by present applicant that goes to show that he was actively involved in the crime. Manager Mukesh Gupta stated during investigation that Rs. Seven Lakhs six thousand eight hundred ninety nine were paid by the applicant from his own. It also appeared that the applicant transferred the amount in the account No. 3703000102285377 and in the account of Laxmi General Store account No. 9965009300000205 and proprietorship of the said shop is with the wife of the present applicant. Huge amount is transferred in the account of the applicant and his wife but no explanation for the aforesaid has been given. The fact is also proved by annexure No. 4 that goes to show that huge amount was transferred in the account of Laxmi Devi and Manoj Bharadwaj. It is also apparent from the bank record that the applicant prepared three bank drafts in favour of Sudhir Yadav on 23.03.2021 for about Rs. Twenty Lakhs which was cancelled on the very next day i.e. on 24.08.2021 and deposited in the Saving Account No. 3703000102302708. Prima facie it appears that huge embezzlement is committed by the applicant and if he is released on bail, there is strong probability that he may tamper with the records of the bank and may also induce witnesses.

7. In view of the above discussions this Court do not find any that the applicant has made out a case for bail.

8. Accordingly the bail application is rejected at this stage.

(Renu Agarwal,J.)

Order Date :- 9.10.2023

VKG/Nadeem