Aiding and abetting fraud through forgery and financial misappropriation warrants denial of anticipatory bail.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Arwal P.S. Case no. 46 of 2024 instituted for the offence under Sections 379 , 420 of the Indian Penal Code .

3. The prosecution case, in brief, is that the informant, Chanchla Kumari, an ANM, was posted at Health Sub-Centre, Bajitpur, Karpi, Arwal, under the National Rural Health Mission. During the process of handing over charge and audit of accounts, it came to light that a joint bank account of the Health Sub-Centre, bearing Account No. 447710110002548 with Bank of India, Arwal, had been illegally operated. An amount of Rs. 90,000/- was withdrawn/transferred through NEFT on 23.02.2023 without the knowledge, consent or authorization of the informant/account holder. Upon inquiry, the informant discovered that photographs and signatures of two persons, namely Kiran Kumari (ANM) and one Sita Kumari, were fraudulently substituted in the bank records and their specimen signatures, purportedly in English, were certified and authenticated by the petitioner, Dr. Shashikant Kumar, then In-charge Medical Officer/CMO, Community Health Centre, Karpi, on 27.01.2023. The informant was never directed to hand over charge to any such persons. Further inquiry revealed that Kiran Kumari denied having signed any document or withdrawn any amount, and there was no ward member named Sita Kumari in the concerned Gram Panchayat.

The prosecution alleges that, in collusion with others and misusing the official position, the petitioner has facilitated forgery through impersonation and illegal transfer of government funds which amounts to a serious financial scam and gross financial irregularity.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that the petitioner has neither any knowledge of nor any involvement in the alleged occurrence. It is further submitted that the present case has been instituted as a counterblast to the administrative action taken by the petitioner, pursuant to which the informant was relieved from A.P.H.C., Bajitpur, Karpi and posted at A.P.H.C., Bahadurpur, Arwal. It is also submitted that the informant has no locus standi and is in no manner concerned with the alleged occurrence, inasmuch as she was not posted at H.S.C., Bajitpur, Karpi at the relevant time.

5. Learned counsel for the informant, supported by the learned A.P.P. for the State, has vehemently opposed the prayer for bail. It is submitted that the case diary, particularly paragraphs 03, 25, 28, 31 and 32, contains statements of witnesses which fully support the prosecution version. Further, paragraphs 52, 55 and 63 of the case diary specifically refer to illegal financial transactions. Paragraph 89 of the case diary clearly discloses a prima facie involvement of the petitioner in the commission of offences under Sections 379 , 409, 419 and 420 of the Indian Penal Code . It is further submitted that there is specific and serious allegations against the petitioner regarding embezzlement and misappropriation of government funds amounting to a serious financial scam and gross financial irregularity, which came to light only during the charge-handover process, dis-entitling him to the relief of anticipatory bail. It is further submitted that investigation is still going on.

6. Having heard the learned counsel for the parties and upon consideration of the materials on record, this Court finds that the allegations disclose a serious and well-orchestrated offence involving forgery, criminal breach of trust, cheating, and criminal conspiracy, committed by abusing official authority and siphoning public funds. The role attributed to the petitioner goes to the root of the fraudulent transaction, and prima facie materials