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IN THE HIGH COURT OF ALLAHABAD
VIKAS KUNVAR SRIVASTAV, J.
Vinod Kumar Chaudhary – Appellant
Versus
Central Bureau Of Investigation – Respondent
Bail No. 529 of 2020
Decided on : 11-06-2020
Indian Penal Code, 1860 – Sections 120-B read with 201, 204, 409, 420, 467, 468, 471 and 477(A) – P.C. Act – Section 13(2) read with 13(1)(c) & (d) – Information Technology Act, 2000 – Section 66 – Bail Application – Present bail application is co-accused in Criminal Case,Crime of P.S. C.B.I./SCB/ under Sections 120-B read with 201, 204, 409, 420, 467, 468, 471 and 477(A) I.P.C. and Section 13(2) read with 13(1)(c) & (d) P.C. Act, Section 66 of Information Technology Act, 2000 pending in Court of Special Judge, C.B.I – Held, In a case of present nature the applicant on the basis of doctrine of parity should be considered for grant or refusal of bail having regard to the bail granted to the other co-accused either by Special Court, C.B.I. or by this Court also – How so ever grave may be offence but if the charge sheet is submitted and there is a delay in proceeding with trial unreasonably resulting into incarceration of accused, in such circumstances accused may be fit for grant of bail for time being – Court find it to be a fit case for grant of bail for time being – Application Allowed (Paras 34, 35, 36)
Facts of the Case:
Matter appears to have initiated on the basis of two public complaints which were received one from Manoj Srivastav and another from Vinod Jain, to the effect that huge amount has been misappropriated in 27 Savings Accounts standing at Lalitpur Head Post Office under the Jhansi Postal Division in U.P. Circle. During the preliminary enquiry, it was found that one account was written twice, 26 accounts were found initially and an amount of Rs.16,15,600/-has been found defrauded. On the basis of report of said preliminary enquiry into complaints, an F.I.R. was lodged and the investigation proceeded.
Finding of the Court:
In a case of present nature the applicant on the basis of doctrine of parity should be considered for grant or refusal of bail having regard to the bail granted to the other co-accused either by Special Court, C.B.I. or by this Court also – How so ever grave may be offence but if the charge sheet is submitted and there is a delay in proceeding with trial unreasonably resulting into incarceration of accused, in such circumstances accused may be fit for grant of bail for time being – Court find it to be a fit case for grant of bail for time being.
Result: Application Allowed
JUDGMENT :
1. The present bail application is of Vinod Kumar Chaudhary who is a co-accused in Criminal Case No.1426 of 2017 [C.B.I. Vs. Indrajeet Tiwari & Ors], Crime No.RC0532014A0006 of P.S. C.B.I./SCB/Lucknow under Sections 120-B read with 201, 204, 409, 420, 467, 468, 471 and 477(A) I.P.C. and Section 13(2) read with 13(1)(c) & (d) P.C. Act, Section 66 of the Information Technology Act, 2000 pending in the Court of learned Special Judge, C.B.I., Court No.6, Lucknow.
2. This first bail application is moved on 14.01.2020 by learned counsel Sri Pranjal Krishna, Advocate who is in assistance with learned Senior Designated Sri Nandit Srivastav, Advocate. Copy of the bail application has already been provided in the office of Additional Solicitor General pursuant thereto learned A.S.G, Senior Designated Sri S.B. Pandey, Advocate in assistance with learned counsel for the Central Government Sri Kazim Ibrahim, Advocate has put in appearance to protest the bail plea.
3. On 27.01.2020, a counter affidavit is filed by learned counsel Sri Kazim Ibrahim sworn by Sri Vinay Kumar Chaturvedi, Inspector, C.B.I, Special Crime Branch Office Complex. Thereafter, a rejoinder affidavit is filed on behalf of the accused-applicant on 06.03.2020.
4. The bail application was listed severally but the same could not be heard, meanwhile due to Pandemic of Covid-19, the State of U.P. including District Lucknow gone under complete lockdown and physical hearing in the courts was suspended. The urgent hearing after sometime was permitted through video conferencing and at that stage on the ground, the applicant is suffering from Chronic Hapatitis-B, mention was made before Hon'ble the Senior Judge on 06.05.2020 through e-mail on the prescribed website of the Court, the case was then nominated by Hon'ble the Senior Judge vide order dated 11.05.2020 to this Court.
5. Heard learned counsel Sri Pranjal Krishna, Advocate assisting his Senior designated Sri Nandit Srivastav, Advocate and learned A.S.G. Senior designated Sri S.B. Pandey, Advocate assisted by Sri Kazim Ibrahim, perused the record.
6. From the perusal of record as contended by learned counsels the matter appears to have initiated on the basis of two public complaints which were received one from Manoj Srivastav and another from Vinod Jain, to the effect that huge amount has been misappropriated in 27 Savings Accounts standing at Lalitpur Head Post Office under the Jhansi Postal Division in U.P. Circle. During the preliminary enquiry, it was found that one account was written twice, 26 accounts were found initially and an amount of Rs.16,15,600/-has been found defrauded. On the basis of report of said preliminary enquiry into complaints, an F.I.R. was lodged and the investigation proceeded. In investigation, it was found that the applicant is a Postal Assistant and he was found in conspiracy with other co-accused though being a public servant they committed criminal breach of trust and thus withdrawn by way of forgery, manipulation and falsification, thereby made a loss to the State to the tune of Rs.3,11,75,845/-and reciprocally obtained themselves illegal gain. They did so by modifying the data entries fed in computer and thereafter by deleting the same. As such in conspiracy with each other they destroyed the evidences of electronic documents also.
7. The applicant has made Annexure -1, the certified copy of the F.I.R. in Criminal Case No. 1426 of 2017 under Sections 120-B I.P.C. read with 201, 204, 409, 420, 467, 468, 471 and 477(A) I.P.C. and Section 13(2) read with 13(1)(c) & (d) P.C. Act, Section 66 of the Information Technology Act, 2000 Police Station- C.B.I./SCB/Lucknow, District- Lucknow.
8. In the aforesaid F.I.R. details of known/suspected accused with full particulars is given. From perusal of which it appears that including accused applicant total six accused are named who are respectively (1) Sri Indra Jeet Tiwari, Postal Assistant, Account Branch, Lalitpur Head Post Office. (2) Sri Shailesh
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