The main legal point established in the judgment is the significance of the gravity of the allegations, the stage of the investigation, and the involvement of the petitioner in the misappropriation of funds from the EPFO department in determining the dismissal of the bail petition.

JUDGMENT :

1. Present petition is filed under Section 439 Cr.P.C. for grant of bail in FIR No. 81/2018 registered at P.S. Dwarka Sector-23 for offences punishable under Section 409/420/506/467/468/471/120-B IPC.

2. It has been alleged in the FIR that accused Devender Chaudhary, who was working with Central for Development of Advanced Computing (C-DAC), by manipulating and creating EPFO data has caused misappropriation of approximately Rs.3.88 crores, the said Devender Chaudhary is alleged to have been working on a project with EPFO. In the said FIR, petitioner is alleged to have information about receiving of amount by co-accused Neeraj Kumar in his account from Devender Chaudhary.

3. Counsel for petitioner submits that there are no allegations of misappropriation or transferring of money by petitioner in any account, while working with C-DAC alongwith Devender Chaudhary. However, on 20.03.2019, the statement of co-accused Neeraj Kumar was recorded and the said co-accused has alleged that petitioner had knowledge about the crediting of some of money in his account, which allegedly he later on shared with petitioner and Devendra Chaudhary on the demand of Devender Chaudhary. However, on 13.04.2018, co-accused Neeraj Kumar was granted regular bail by Ld. CMM, Dwarka Court on his depositing the alleged misappropriated money credited into his account. Thus, the petitioner also seeks parity with co-accused Neeraj Kumar.

4. Learned counsel further submits that an additional affidavit was filed on behalf of petitioner on 18.10.2019, whereby, stated that respondents allegation is that around Rs.1,38,12,490/- was transferred in the accounts of the persons who are known to the petitioner. Out of the said amount, Rs.60,01,933/- has been deposited in the court in the form of FDRs and Rs.50,93,252/- has been lying frozen in the accounts of said persons. Apart from that, it is admitted case of prosecution that petitioner has not received any money from Tirlok Singh and Pramod Kumar, who are alleged to be friends and are known to the petitioner. In the account of Trilok Singh, an amount of Rs.25,93,355/- was credited, while Rs.11,87,573/- credited in the account of Pramod Kumar, therefore, the entire money shown in the charge sheet has been recovered or deposited by petitioner and nothing more is required from petitioner. Moreover, petitioner is in judicial custody since 19.03.2018 and no purpose would be served, if the petitioner continues to remain in judicial custody.

5. It is pertinent to mention here that initially investigation was with Delhi Police who filed charge sheet and thereafter the investigation was transferred to CBI.

6. During the course of investigation it was revealed that petitioner joined EPFO as Assistant Programmer in the year October 2011 and continued to work till September, 2014. Thereafter, petitioner joined EPFO as Programmer in October 2014 and worked till March 2016. Petitioner again joined EPFO as Project Engineer-1 in August 2016 and worked till January 2018. Thereafter, he joined EPFO as Data Base Administrator in February 2018 and worked till 17.03.2018. Co-accused Devender Choudhary was also working as Project Engineer-1 with EPFO. Both Devender Choudhary and petitioner were engaged in developing the software of EPFO Department and they dealt with online claims, deduction etc. Petitioner was acquainted with the loopholes of the software programme. Accordingly, he conspired with Devender Choudhary and others and planned to withdraw the amount from the Central Account of EPFO. It was decided by them that share of each person would be 20%.

7. During the investigation, petitioner along with Devender Choudhary and others filled the details of fake members in EPFO portal and huge amount was transferred in different fake accounts in the name of fake members. Thereafter, the amount was withdrawn and shared by them. Investigation further revealed that amount of Rs.24,58,524/- and Rs.70,081/- were credited on 19.01.2018 in