The main legal point established in the judgment is that specific allegations of criminal breach of trust and failure to follow proper procedures while operating the ATM can influence the court's decision in granting anticipatory bail.

JUDGMENT

Harnaresh Singh Gill, J. - Through the instant petition, the petitioner seeks anticipatory bail in case FIR No. 134 dated 21.8.2018, registered under Sections 408 IPC, Police Station Sultanwind, District Amritsar.

2. Prosecution story, in brief, is that Bikram Singh, Senior Officer (Operations) Writer Safeguard Pvt. Ltd. made a complaint to Commissioner of Police alleging that Pargat Masih, Lovejeet Singh (petitioners) and Daljit Singh were working on the post of Teller Machine Operator and their duty was to get the money from the bank and put the same in ATM machines and they had the password for opening and closing the ATM. It has been alleged that on 27.2.2018, Rs. 15,35,000/- was found to be less in ATM ID NCIP0874 (Yes Bank), Shop No. 58, Circular Road in front of Shri Guru Ramdass Hospital, Amritsar and on that day, Pargat Masih (petitioner) and Lovejeet Singh were on duty. It has also been alleged that on 14.3.2018, Rs. 2,16,000/- was found less and on that day, Pargat Masih and Daljit Singh were on duty and thus, total Rs. 17,51,000/- was found less in the said ATM.

3. Learned counsel for the petitioner submits that the petitioner has been falsely involved by complainant Bikram Singh as he was having dispute with the petitioner. He further submits that the petitioner had clicked the photos from his mobile while depositing the cash in the ATM but the said mobile phone was lost. He further submits that the petitioner had adopted proper procedure while operating the ATM machine.

4. Learned State counsel filed the status report (in CRM-M44221-2018) by way of affidavit of Assistant Commissioner of Police, South, Amritsar. As per the report, the petitioner has joined the investigation on 5.12.2018 but did not cooperate with the investigating agency. Cash request was sent by the petitioner by showing excess amount of withdrawal and has, thus, committed criminal breach of trust with the company and his custodial interrogation is required to recover the cash.

5. I have heard learned counsel for the petitioner and the learned State counsel.

6. There are specific allegations against the petitioner that while working as Teller Machine Operator, the petitioner has the digital password and has the responsibility of operating the ATM and he was on duty with co-accused Lovejeet Singh when Rs. 15,35,000/- was found less and both of them had four digit passwords. Being part of their drill, they did not click the photo of statements from the ATM while depositing cash and further did not update the software. The petitioner was entrusted heavy amount for putting the same in the ATM machine and by not putting the same in the machine, the petitioner has committed criminal breach of trust with the company by showing excess amount of withdrawal. Custodial interrogation of the petitioner is required.

7. No ground for grant of anticipatory bail is made out.

8. The petition is dismissed.