Madhya Pradesh High Court
Sanjay Thakur vs The State Of Madhya Pradesh on 1 May, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 1 st OF MAY, 2024
MISC. CRIMINAL CASE No. 3190 of 2024
BETWEEN:-
SANJAY THAKUR S/O SHRI VINAY THAKUR, AGED
ABOUT 32 YEARS, OCCUPATION: EX BANK
EMPLOYEE R/O FLAT NO 60 STERLING
H O S H A N G A B A D ROAD BHOPAL (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI AJAY MISHRA - SENIOR ADVOCATE WITH SHRI GAURAV
TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CYBER CELL DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PARITOSH TRIVEDI - OBJECTOR AND SHRI NARENDRA
CHOURASIA - GOVERNMENT ADVOCATE)
T h is application coming on for admission this day, t h e court
passed the following:
ORDER
This is the second bail application filed on behalf of the applicant
under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR
No.09/2023 registered at Police Station-Cyber Cell, District-Bhopal (M.P.)
for the offences punishable under Sections 409, 204, 468, 471, 474 of the
IPC and Section 66-C of the IT Act.
2. Learned Senior Counsel appearing for the applicant submitted
that applicant is in jail since 02.02.2023. One Indira Sharma and her
daughter Archana Sharma lodged a complaint against applicant. Said
persons were having joint account bearing No.1058100012228 in HDFC
Bank, Chuna Bhatti Branch. On advice of applicant, complainant is said to
have invested a huge amount. It is submitted that applicant is Relationship
Manager and his work is to give services to aged and old persons. In this
case, Indira Sharma was an old aged lady, therefore, applicant used to
provide service to her. Only because complainant had acted on advice of
applicant and had lost money in open market will not make out offences as
alleged by the prosecution. It is submitted that without knowledge of
complainant it is impossible for applicant to withdraw the money as
alleged by the prosecution. Merely on giving an advice to invest the
money, applicant cannot be held liable of offence of criminal breach of
trust, forgery for purpose of cheating, using forged document as genuine.
No offence has been committed by the applicant, therefore, he may be
released on bail.
3. Learned Senior Counsel appearing for the applicant has relied
upon the judgment passed in case of Sanjay Chandra Vs. Central
Bureau of Investigation reported in (2012) 1 SCC 40. It is submitted
that in said case huge amount of money was involved and there was even
chances of jeopardizing economy of country but in said case also since
investigation was completed and charge sheet was filed, applicant was
enlarged on bail. Relying on said judgement, it is submitted that applicant
cannot be kept under detention for indefinite period after filing of challan.
In these circumstances, applicant may be released on bail.
4. Learned Government Advocate appearing for the State opposed
the bail application and submitted that an amount of Rs.92 Lac was
transferred by complainant for investment into mutual fund. Out of said
amount without information and cheating complainant, amount was
transferred in unknown account numbers. Some amount was invested in
ICICI prudential mutual fund. Amount invested in mutual fund was
redeemed and transferred in other account. After investing of money,
complainant and her daughter required money, therefore, they made a
request to applicant to transfer the invested money in their account.
Applicant made various excuses for not transferring the amount.
Complainants went to HDFC mutual fund Office, Bhopal and learnt that
amount was withdrawn on 18.11.2021 in other account No.157067739232,
IFSC No.INDB0000990. It is submitted that said amount has not been
withdrawn by the applicant. It was further learnt that folio which has been
sent by Relationship Manager was forged. Applicant also told complainant
not to lodge police report and they told them to return the money. Some
amount was deposited back by the applicant in account
No.10581000012228. It is submitted that applicant has invested the
amount in other investment also without knowledge and consent of
complainant. Applicant has also transferred an amount i.e. Rs.9,50,000/-
from accounts of complainant Indira and Kedar from Account
No.105815700000999 without their knowledge and consent. He had
opened a false account in name of complainant in Axis Bank and money
was transferred in said account. He opened forged account in Axis Bank,
HDFC Bank in name of complainant and transferred money in it and later
on withdrawn the same. Complainant closed the said account. Further
account was opened in Indusind Bank. Applicant used to show false folio
to show that mutual fund account is operative though, he had redeemed
the money in some other account and had withdrawn the same. Other
details were also given. It is submitted that applicant had committed
criminal breach of trust with an old woman aged about 81 years and has
cheated her with all her savings. In these circumstances, bail application of
applicant may be dismissed. It is submitted that signature of complainant
Indira Sharma who is an old woman was obtained by playing fraud on her
and amount was withdrawn and redeemed from Indusind Bank. It is also
submitted that in account of Indusind Bank, applicant has given a shadow
mobile number to do the transaction and to cover his deed. Similarly other
amount invested in HDFC mutual fund was also redeemed by him using
similar modus operandi. Forged signature is also said to have been done
by him for opening the account. Applicant purchased Skoda car, Apple i-
phone, Samsung Foling Phone, Smart Watch of Apple etc. which were
seized by police. Applicant's ATM, Credit Card, Passbook etc. have also
been seized by police. Number of accounts were opened by applicant and
transactions were done by him for withdrawing the money.
5. Heard the counsel for the parties.
6 . On going through the objection, it is found that evidence is
available against the applicant for committing offence.
7. Considering the seriousness of the evidence and fact that offence
punishable under Section 409 of the IPC is punishable up to life
imprisonment or ten years with fine and white collar crime has been
committed by the applicant, applicant has cheated an old woman aged 81
years, bail application filed by the applicant, is dismissed.
(VISHAL DHAGAT)
JUDGE
$A
