2023 Supreme(Online)(JHK) 5929
PRINCIPAL BENCH JHARKHAND
SUNIL KUMAR VERMA – Appellant
Versus
UNION OF INDIA THROUGH C B I – Respondent
B.A. 9975 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9975 of 2023
------
Sunil Kumar Verma
… Petitioner
Versus
The Union of India through C.B.I. …
Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner
: Mr. Ajit Kumar, Sr. Advocate
: Mr. Vishal Kr. Trivedi, Advocate
For the State
: Mr. Anil Kumar, ASGI
: Ms. Chandana Kumari, AC to ASGI
------
Order No.04 Dated- 03.11.2023
Heard the parties.
The petitioner has moved this Court for grant of privilege of
bail in connection with R.C. Case No. 01 (S)/2011-AHD-R
instituted under Sections 420,467,468,471,120- B of the Indian Penal
Code, and the charge-sheet submitted under Sections 420, 467, 468,
471, 120B and Sections 13(2) read with 13(1)(d) of the Prevention of
Corruption Act, 1988.
Learned counsel appearing for the petitioner submits that the
petitioner while functioning as Manager (Credit) of UCO Bank,
Deoghar Branch, willfully did not discharge his official duties in
the matter and did not verify the forged documents submitted for
sanctioning the loan and also did not verify the genuineness of the
documents submitted by the guarantors and did not follow the
KYC (Know Your Customer) norms. It is further submitted that the
petitioner did not carry out pre physical verification of instrument
and machinery of M/s Ganga Bricks, William Town, Deoghar,
Jharkhand resulting in the loan amount of Rs. 1,68,75,000/-
becoming non-performing assets of the bank. It is next submitted
that the co-accused-Aviram Das was responsible for preparing the
report. It is then submitted that the Branch Manager has power to
sanction loan up to Rs.1,50,00,000/- and if the amount is above
1,50,00,000/-, the same will be sanctioned by the Zonal Manager
and the present loan amount is more than Rs.1,50,00,000/- and the
same was sanctioned by Zonal Manager who is informant in the
present case but the Zonal Manager to save his skin has falsely
implicated the petitioner. It is next submitted that the petitioner
was not required to abide by KYC norms. It is next submitted that
the petitioner has been in custody since 07.10.2023 as has been
mentioned in paragraph no. 45 of the bail application. It is also
submitted that the petitioner all along cooperated with the
investigation of the case; hence, CBI did not feel it necessary to
arrest the petitioner during the pendency of the case. It is further
submitted that the petitioner undertakes to cooperate with the trial
of the case. Hence, it is submitted that the petitioner be admitted to
bail.
The learned ASGI opposes the prayer for bail.
Considering the submissions of the counsels and the fact as
discussed above, I am inclined to enlarge the above named
petitioner on bail. Accordingly, the petitioner is directed to be
released on bail on furnishing bail bond of Rs. 2,00,000/- (Rupees
Two Lakhs) with two sureties of the like amount each to the
satisfaction of learned A.D.J.-III-cum-Special Judge, CBI, Dhanbad,
in connection with R.C. Case No. 01 (S)/2011-AHD-R with the
condition that the petitioner will cooperate with the trial of the
case.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/