O R D E R

These are the first bail applications filed by the applicants under Section 439, Cr.P.C.,1973 for grant of bail in connection with crime No.648/2021 registered at Police Station- Khargone, District-Khargone (M.P.) for the commission of the offence under Sections 420, 467, 468, 471, 120-B, 409 of the I.P.C.

2. Prosecution story in brief:- An FIR was lodged at the instance of a complaint made by Parwati Bai wife of Sitaram Soni aged about 70 years that Mohan Chandore a post office agent and his employee Jagdish Kag had illegally withdrawn Rs.8,92,639/- from her account and forfeited it. According to her, she gave an amount of Rs.6,00,000/- of Kisan Vikas Patra Scheme and Rs.2,00,000/- in a total sum Rs.8,92,639/- from time to time for depositing in her Fixed Deposit account at Post Office. She came to know that instead of depositing in her account they issued a forged pass book containing the seal and signatures of employees of the Post Office. Initial investigation has also revealed that these applicants have received amounts of Rs.2,00,000/- from Kamla Chouhan, Rs.3,65,621/- from Kanishk Bi, Rs.1,30,000/-Santosh Karma, Rs.1,00,000/ from Santosh Kumawat, Rs.13,40,000/- from Shivshankar Tongare, Rs.55,000/- from Sangita Verma, Rs.2,89,195/- from Dropadi Gaud, Rs.2,00,000/- from Lalita Yogi without depositing in the post office in their account issued forged pass books to them and accordingly committed the offence of forgery and cheating under sections 420, 467, 468, 471, 120-B, 409 of the I.P.C. The investigation has further revealed that in the aforesaid offence other two accused Jagdish and Sarla Shrivastava employees of the post office shared the common intention. The police arrested all three applicants and recorded their memo statement under section 27 of the Indian Evidence Act in which they admitted that they have cheated 40 to 50 persons from 2015 and to the tune of 39 lacs approximately. The police have recovered various documents from post office as well as from the possession of these applicants and completed the charge sheet. After investigation charge was filed under section 173 of Cr.P.C. against all the aforesaid applicants and including co-accused Sarla Shrivastava.

3. Shri S K Vyas, learned senior counsel for the applicant Mohan authorised agent submits that this applicant is working as an agent of LIC, Post Office for the last 29 years, and he has not committed any default or irregularities to date but co-accused Jagdish S/o Mangilal who was working in his office since last 15 years, in his absence used to collect the money from the investor/ depositors and deposits in the post office or LIC. He is missing since 27.05.2021 his mobile is switched off. The learned senior advocate submits that in fact he had committed forgery and cheating with the various complainant and others and ran away with their money. In fact this applicant brought this offence to the knowledge of the police on 02.06.2021. The applicant had no knowledge about the forgery and cheating committed by Jagdish Kag and associate Deepesh. It is further submitted that there is no concept of vicarious liability in criminal law since the applicant is a reputed agent working for the last so many years hence he will try to return the amount if he is released on bail otherwise it would not possible to recover any amount even after his conviction. Further interrogation is not required in this case as the charge sheet has been filed, he may kindly be released on bail.

4. Shri Yadav, learned senior counsel appearing on behalf of Jagdish submits that this applicant has falsely been made accused in this case as he was an low paid employee in the office of main accused Mohan. In none of the documents his signatures were found therefore, there is no material evidence available in the charge sheet to connect him to this crime except allegations made orally. He was a very low paid employee and it was not possible for him to commit these types of cheating