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Gulab Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14427 of 2005  RD-AH 3673 (29 September 2005)
Criminal Misc. Bail Application No. 14427 of 2005
Gulab Singh ........Vs......... State of U.P.
Hon'ble Ravindra Singh,J.
Heard Sri Rajesh Singh, learned counsel for the applicant and the learned A.G.A.
This application is filed by Gulab Singh with the prayer that he may be released on bail in case crime No. 10 of 2004 under Sections 409/420/467/468/469/471/120-B I.P.C. P.S. Pilkhuwa district Ghaziabad.
From the perusal of the record it reveals that in the present case the F.I.R. was lodged by Sri Vivek Pant on 15.1.2004 in which the applicant was not named.
According to the prosecution version ICICI Bank is having its head office in Mumbai. From that office the amount of safety bond, interest and original amount was issued by cheques to its account holders and sent their respective addresses. The amount of the interest and the amount of bond was also issued to the bond holders/share holders through cheques by U.P.C. The cheques/warrants were sent from that office through post offices at Mumbai. The cheques issued in the name of the account holders and the name of the Bank of the account holders. The Head Office received complaints of one Nirmal Dixit, Dr. Deepika Srivastava, Smt. Sunita Gupta, Surendra Prasad Tyagi and Mitra that they have not received the cheques by the Head Office of ICICI Bank. Thereafter an inquiry was made in which it came to light that the cheques of the society were sent through the Post Office but with those cheques forgery was done and they were presented by the Resort Sahkari Samiti Bank Limited in Urban Cooperative Bank Ghaziabad and the amount of these cheques were withdrawn by the said Resort Sahkari Samiti .This information was given to the Urban Cooperative Bank Ghaziabad and a demand of the aforesaid money was made. During inquiry it was found that 617 cheques were encashed by the Resort Sahkari Samiti Limited by making forgery in the cheques by rubbing name of the Bank and Account number. Thus total amount of Rs. 45,5721/- was in cashed by the Resort Sahkari Bank fraudulently by making forgery in the cheques. The co-accused Jameel-ul- Hasan was the Chairman of the said Resort Sahkari Samiti Limited and Devi
Dayal Singh was the Secretary of the said Bank. During investigation the evidence collected against the applicant is that he had verified the cheques and the same cheques have been deposited for encahsment.
It is contended by the learned counsel for the applicant that the applicant is not an employee of the bank and he is having no concern with the bank. There is no allegation against him in respect of the withdrawal of the amount from the Bank. It is further contended that according to the prosecution story 617 cheques were issued form the Head Office of ICICI Bank Limited which contained the names of the account holders and respective Banks also and that if any forgery was committed it could be easily detected by the Bank authority who encashed the cheques, it shows that the Bank officials were also involved in the commission of the alleged offence because such forgery could be easily detected by open eyes.
It is further contended that according to prosecution version the said cheques were sent to the account holders at their address but it is surprising that its delivery was not done at their addresses, which shows the involvement of the officials of the post office also. The applicant is not a Government Servant nor he is serving not in post office or bank etc. the only allegation against him is that he had made verification/attestation on three or four withdrawals of the cheques, which was not required by the working of the Bank.
It is further contended that the applicant has not introduced the chairman and the Secretary of the Resort Sahkari Samiti Limited bank limited at any point of time.
The case of the applicant is distinguishable with the case of the Chairman and Secretary of the aforementioned Bank.
It is further contended that during investigation no evidence has been collected against the applicant to show that he had made any forgery on the cheques.
It is fuhrer contended that no cheques which were verified/attested by the applicant sent to Hand Writing Expert to show that it was verified by the applicant.
It is opposed by the learned A.G.A. by submitting that during investigation it has come in evidence that the applicant has made attestation/verification on some cheques which may be forged and the same was encashsed from the Bank.
In view of the facts and circumstances of the case and submission made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Gulab Singh involved in case crime no. 10 of 2004, under sections 409/420/467/468/469/471/120-B I.P.C. P.S. Pilkhuwa district Ghaziabad. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
Dt. 29 .09.2005
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