Advocates:
['JASVINDAR MAZUMDAR', '', 'ROHAN MAZUMDAR', 'VIKRAM SINGH', 'SAMEER RANJAN', 'KUMARI RASHMI', '', 'MUKESH BIHARI LAL', 'RAJIV KUMAR KARAN', 'RAY RAJAT NATH']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.2850 of 2022

Md. Iqbal Hussain

.....

… Petitioner

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner

: Mr. R.S. Mazumdar, Sr. Advocate

For the State

: Mr. Kumari Rashmi, A.P.P.

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03/09.06.2022

The defect as pointed out by the office is ignored.

Heard learned senior counsel for the applicant and learned A.P.P. for the

State.

This bail application has been filed on behalf of the abovenamed applicant

with prayer to release on bail in connection with Dhanbad P.S. Case No.306 of 2019

registered under Sections 406/420/467/468/471/477A/120B/34 of the Indian Penal

Code, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

Learned senior counsel for the applicant has submitted that the F.I.R. of this

case was lodged by Sunil Baran Chatterjee, Shelly Chatterjee, Shilpi Chatterjee and

Suma Chatterjee against Asha Devi, Siddharth Kumar, Suresh Dutta Tiwari and

Bishwesh Dutta Tiwary and other persons with these allegations that over the years,

the investment had been done through Postal Agent namely Asha Devi by the

informants who had introduced them by ex-post master Sri Suresh Dutta Tiwary @

S.D. Tiwari. Sri Suresh Dutt Tiwary @ S.D. Tiwari acted as postal agent of Asha

Devi and Asha Devi and Suresh Dutta Tiwary @ S.D. Tiwari both jointly induced

all the four informants to make the investment. The informants were also suggested

by Asha Devi and Suresh Dutta Tiwary @ S.D. Tiwari that on the maturity of the

account, the matured sum should be invested by them for betterment. The

informants relied upon the representation made by them and also handed over the

withdrawal slips, application forms for opening new deposit account etc. After

having taken undue advantage, both the accused persons Suresh Dutta Tiwary @

S.D. Tiwari and Asha Devi induced the informants to give all the relevant

documents in their custody. From the record it revealed that MIS bearing No.

2087209765 standing in the name of daughter of Suma Chatterjee was due for

maturity in February, 2019, so the informant firstly demanded from Suresh Dutta

Tiwary @ S.D. Tiwari the maturity value of the aforesaid MIS; but he appeared to

be reluctant to disclose the maturity value. On query it was found that entire

maturity amount of the said MIS had been withdrawn prematurely in the year 2017.

On query it also revealed that all the postal investment in the shape of senior

citizens accounts and MIS amounting approximately Rs.47,0800/- had been

fraudulently and prematurely withdrawn and misappropriated by Suresh Dutta

Tiwary @ S.D. Tiwari and Asha Devi in connivance with post masters of the four

post offices of Manaitand, Hirapur, Dhanbad etc. Mr. Suresh Dutta Tiwary @ S.D.

Tiwari filed the undertaking on 11.06.2019 and undertook in writing admitting his

guilt and manner in which in connivance of others he had fraudulently withdrawn

the entire amount. The son of Suresh Dutta Tiwary @ S.D. Tiwari namely Bishwesh

Dutta Tiwary also undertook to refund the entire defalcated sum. Asha Devi was the

key player in this fraud. Accordingly the FIR was lodged.

Learned senior counsel for the applicant has submitted that the name of the

applicant does not figure in F.I.R. and in the whole F.I.R. there are no allegations

against the applicant in regard to defalcation of said amount. The Dhanbad P.S.

Case No.229 of 2020 under sections 406/420/34 of the Indian Penal Code and under

section 138 of the Negotiable Instrument Act with same offence against the named

accused in which no allegation is made against the applicant was already pending

and the present F.I.R. being Dhanbad P.S. Case No.306 of 2019 has been lodged

subsequently in regard to the same offence against the applicant just to harass