Madhya Pradesh High Court
Akhilesh Pratap Singh vs State Of M.P. on 12 March, 2021
Author: Vivek Rusia
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M.Cr.C. No.4206/2021
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 4206 of 2021
(Akhilesh Pratap Singh V/s. State of M.P. through Police Station
CBI, Bhopal)
Date : 12.03.2021 :
Applicant by Shri Sachin Bhatnagar, Advocate.
Respondent/Union of India by Shri Himanshu Joshi,
Assistant Solicitor General.
ORDER
This is first application filed under Section 439 of Cr.P.C. by
the applicant - Akhilesh Pratap Singh S/o. Vijay Pratap Singh who has
been arrested by Police on 14.1.2021 in connection with Crime No.
RC00820119A0003/2020 registered at Police Station CBI, Bhopal for the
offence punishable under Section 409, 419, 520, 467, 468, 471, 477A of
the IPC; u/s. 13(2)(d) and 13(1)(d) of the Prevention of Corruption Act;
and u/s. 66(d) of the I.T. Act.
The prosecution story as has been reproduced by the Court
below in order dated 14.1.2021, is as under :
"...... As per case against the applicant, the applicant was
Chief manager bank of India, Zonal Office, Indore. A written
complaint was filed by Shri Auro Kumar Mahapatra, the Zonal
manager, Bank of India, Indore Zone by alleging that the
applicant Akhilesh Pratap Singh, Chief Manager, while posted at
ZO, BOI, Indore Zone, during the period between 2012 to 2016
by abusing his official position misappropriated huge amount by
receiving in bank account no. 06672000003262 in the name of
jay creation lab (registered in the name of close relative of
applicant). As per case of CBI the benefited firm namely Ms Jay
creation lab is registered in the name of Mrs Madhuri Singh, who
is mother-in-Law of applicant Akhilesh Pratap Singh. It is also
allegation against the applicant that the firm was registered in the
name of Madhuri Singh had address of firm as Flat No.2, 2-A
wing, Sundram Raheja Complex, Malad (East Mumbai) 400097,
which was actually official resident of applicant of Akhilesh
Pratap Singh.It is also allegation against the applicant that he had
abused his official position ad indulged in corrupt malpractice
and by obtaining pecuniary benefit of his close relative to the
tune of Rs.6,17,609/-. As per investigation/allegation one current
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M.Cr.C. No.4206/2021
account no. 06672000003262 was in the name of Jay Creation
Lab and such account was used by the applicant to transfer
money It is also allegation against the applicant that the mobile
no. 9769915154 is related to applicant and such mobile no. was
mentioned in detail of account holder of above account. It is also
revealed that all the OTP and SMS alerts regarding
transactions/withdrawn pertaining to bank account no.
06672000003262 used to receive on the above mobile no. of
applicant. It is also revealed in the investigation that the
applicant has a bank account no.06671000024535 in HDFC
Bank and another account no. 053010100140218 in AXIS Bank
and applicant Akhilesh Pratap Singh transferred amount in his
above said accounts from the accounts of Jay Creation Lab, i.e.
account No. 06672000003262 which is belong to firm Jay
Creation Lab whose proprietor was Madhuri Singh alleged
Mother-in-Law of the applicant. As per charge-sheet, in the year
2017, the applicant/accused cheated the bank to the tune of
Rs.6,62,493/- by committed forgery misappropriation of funds,
impersonation and by abusing his official position and he has
violated guidelines/circulars of bank of India. The applicant got
has wrongful gain of Rs.6,62493/- by forgery and caused
wrongful loss to the bank of India."
Learned counsel for the applicant submits that during entire
investigation, since 3.7.2019 till filing of the final report on 22.12.2020,
the applicant was not arrested by the CBI. He appeared as and when he
was called by the Investigating Officer. There is no allegation against the
applicant that he did not cooperate with the investigation. At the time of
filing of the final report, the applicant was suffering from Corona,
therefore, his lawyer sought time and thereafter he has surrendered on
14.1.2021. It is not the case of prosecution that the applicant was
absconding. He surrendered before the trial Court along with an
application u/s. 439 of the Cr.P.C. No further custody of the applicant is
required and he will face the trial. In support of his contention, he has
placed reliance over the judgment of the apex Court in the case of Sanjay
Chandra V/s. Central Bureau of Investigation : AIR 2012 SC 830 in
which, in the similar facts and circumstances, the apex Court has held that
the accused facing trial under the economic offences, their custody may
not be necessary for further investigation and they are entitled for bail
pending trial on an stringent condition in order to ally the apprehension
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M.Cr.C. No.4206/2021
expressed by CBI.
On the other hand, learned Assistant Solicitor General
opposes the prayer by submitting that there is a huge recovery against the
applicant and during investigation, not a single penny has been recovered
from him, therefore, an stringent condition may be imposed.
I have perused the case-diary. The allegation against the
applicant is that while working as Chief Manager, Bank of India for the
period from 2012 to 2016, he has misused his official position and
operated the bank account of his mother-in-law and paid certain payments
to her firm. There is an allegation that he has misused his official position
and caused loss to the bank. The bank can recover the amount as the entire
dues of the applicant are lying with the bank. Keeping in view the totality
of facts and circumstances of the case, without further commenting
anything on the merits of the case, it would be appropriate to enlarge the
applicant on bail.
Accordingly, this application is allowed and the applicant is
directed to be released on bail upon his furnishing a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lakh) with one surety in the like
amount to the satisfaction of the Trial Court for his appearance before that
Court during the pendency of trial. By way of an additional condition the
applicant shall surrender his passport before the trial Court and all the
monetary benefits payable to the applicant after retirement from service
be not released to the applicant without the leave of the Court, for which
counsel for the applicant has no objection.
Before releasing the applicant from the custody the jail
authorities are directed to medically examine him in order to rule out the
possibility of COVID -19 infections and shall comply with the direction
given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.C. as per rules.
( VIVEK RUSIA )
JUDGE
Alok/-
Digitally signed by Alok Gargav
Date: 2021.03.15 17:48:39 +05'30'
