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2024 Supreme(Online)(MP) 33197

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 10th OF JANUARY, 2024 MISC. CRIMINAL CASE No. 45187 of 2023 BETWEEN:- SMT ANJALI VISHWAKARMA S/O SHRI SHARAMAN PRASAD VISHWAKARMA, AGED ABOUT 35 YEARS, OCCUPATION: SERVICE R/O A 404 JANKI GLAXY APARTMENT NEAR DASHERA MAIDAN BANJARI KOLAR ROAD BHOPAL (MADHYA PRADESH) .....APPLICANT (BY SHRI AJAY MISHRA - SENIOR ADVOCATE WITH SHRI GAURAV TIWARI - ADVOCATE) AND CENTRAL BUREAU OF INVESTIGATION ACB ANWESHAN PARISAR BHOPAL (MADHYA PRADESH) .....RESPONDENT (BY SHRI PANKAJ DUBEY - ADVOCATE) This application coming on for admission this day, the court passed the following:

Advocates:
Gaurav Tiwari,

ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 03.08.2023 relating to Crime No.RC 0082022A0019 registered at Police Station CBI SEB Bhopal (M.P.) for the offences under sections 120-B of IPC, 420 of IPC in the alternative 420/120-B IPC, 409, 467, 477(A)/120-B, 471/120-B of the IPC and Sections 13(2) r.w. Section 13(1)(A) of PC Act.

2. Learned senior counsel appearing for the applicant submitted that applicant is in jail since 03.08.2023. Applicant is innocent and has falsely been implicated in the case. One Sanjay Irpache, who was Postal Assistant, has misused the login ID of other employees and has misappropriated the amount.

Said applicant has deposited the entire amount and no wrongful loss has been caused to the Post Office. Investigation against the applicant is complete and charge sheet has been filed. Applicant is a woman and is having medical treatment. She is having a minor daughter aged about five years. In these circumstances, applicant may be granted bail.

3. Learned Advocate appearing for the CBI has opposed the prayer and submitted that written complaint was preferred before CBI against Sanjay Kumar Irpachi, Postal Assistant Anjali Vishwakarma (applicant) and Karan Singh Jatav. As per prosecution case, said applicant entered into criminal conspiracy and cheated postal department of Rs.1,50,98,211/- by making false, forged deposits in Dak Jeevan Beema Policies as premium/loan repayment and Saving-Time Deposit Account and thereafter, withdrawing the amounts between 2018 to 2021. Applicant Anjali Vishwakarma the then Postal Assistant was posted at Kamla Nagar Sub Post Office, Bhopal. She in conspiracy with Sanjay Kumar Irpachi, System Manager generated fake CCL on 17.06.2021 at Kamla Nagar Sub Post Office. The list contained of four cheques valuing Rs.20/- lacs. Thereafter, she was using her own ID No.10124229 and entered those cheques for regularization and verified the same by using ID of one Alka Meharunkar Sub Post Master fraudulently without her knowledge on 19.06.2021. She used an amount of Rs.10/- lacs in opening TD Accounts in her name and her brother Abhishek Vishwakarma. Rest of Rs.10/- lacs were credited in account maintained by Sanjay Irpache and Saurav Kumar Irpache.

Post Office did not receive the cheques mentioned in fraudulently CCL was not received in the post office nor amount was received. Applicant while working Kolar Road Sub Post Office, Bhopal generated another fake CCL on 06.05.2021 and three cheques total Rs.21,50,000/- then she used ID and Password of other employees at Kolar and verified said cheques. She opened two TD Accounts of Rs.8/- lacs and Rs.7.50/- lacs in her name and name of her brother Abhishek Vishwakarma. Remaining amount of third cheques of Rs.6/- lacs was credited by her in saving bank account maintained in name of co-accused Sanjay Kumar Irpache. She generated fake third CCL on 03.05.2021 in respect of three cheques valuing total Rs.8.35/- lacs. She has misused ID and Password of Reena Deshpande and G.P. Tiwari and transfered the amount in account of her brother Abhishek Vishwakarma, Hemant Singh Rathore and Smt. Priyanka Uikey. She was in deep conspiracy with Sanjay Irpahce. She also played fraud with post office by managing premiums in PLI policy amounting to Rs.9,88,604/-. She made false entries in MacCamish Software using ID and password of other employees. She also obtained loans on PLI policies amount to Rs.3,70,700/-. She made repayment of said loan fraudulently by making fake entries in McCamish Software. It is also submitted that she misappropriated Rs.49,85,000/- through fake CCL, Rs.9,88,604/- by fake entries of premiums of her PLI policies, Rs.3,83583/- by way of fake payment of loans on her PLI policies. She misappropriated an amount of Rs.63,57,187/-. Said amount was deposited by Sanjay Kumar Irpache. Charge sheet was filed on 02.02.2023. It

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