Madhya Pradesh High CourtAkhilesh Pratap Singh vs State Of M.P. on 12 March, 2021Author:Vivek RusiaBench:Vivek Rusia- : 1 :-\n                                                               M.Cr.C. No.4206/2021\n\n\n\n  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE\n      (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)\n\n                       M.Cr.C. No. 4206 of 2021\n  (Akhilesh Pratap Singh V/s. State of M.P. through Police Station\n                          CBI, Bhopal)\n\nDate : 12.03.2021 :\n             Applicant by Shri Sachin Bhatnagar, Advocate.\n             Respondent/Union of India by Shri Himanshu Joshi,\nAssistant Solicitor General.\n                                  ORDERThis is first application filed underSection 439of Cr.P.C. by\nthe applicant - Akhilesh Pratap Singh S/o. Vijay Pratap Singh who has\nbeen arrested by Police on 14.1.2021 in connection with Crime No.\nRC00820119A0003/2020 registered at Police Station CBI, Bhopal for the\noffence punishable underSection 409,419,520,467,468,471,477Aof\nthe IPC; u/s. 13(2)(d) and 13(1)(d) of thePrevention of Corruption Act;\nandu/s. 66(d)of the I.T. Act.The prosecution story as has been reproduced by the Court\nbelow in order dated 14.1.2021, is as under :"...... As per case against the applicant, the applicant was\n       Chief manager bank of India, Zonal Office, Indore. A written\n       complaint was filed by Shri Auro Kumar Mahapatra, the Zonal\n       manager, Bank of India, Indore Zone by alleging that the\n       applicant Akhilesh Pratap Singh, Chief Manager, while posted at\n       ZO, BOI, Indore Zone, during the period between 2012 to 2016\n       by abusing his official position misappropriated huge amount by\n       receiving in bank account no. 06672000003262 in the name of\n       jay creation lab (registered in the name of close relative of\n       applicant). As per case of CBI the benefited firm namely Ms Jay\n       creation lab is registered in the name of Mrs Madhuri Singh, who\n       is mother-in-Law of applicant Akhilesh Pratap Singh. It is also\n       allegation against the applicant that the firm was registered in the\n       name of Madhuri Singh had address of firm as Flat No.2, 2-A\n       wing, Sundram Raheja Complex, Malad (East Mumbai) 400097,\n       which was actually official resident of applicant of Akhilesh\n       Pratap Singh.It is also allegation against the applicant that he had\n       abused his official position ad indulged in corrupt malpractice\n       and by obtaining pecuniary benefit of his close relative to the\n       tune of Rs.6,17,609/-. As per investigation/allegation one current- : 2 :-M.Cr.C. No.4206/2021account no. 06672000003262 was in the name of Jay Creation\n       Lab and such account was used by the applicant to transfer\n       money It is also allegation against the applicant that the mobile\n       no. 9769915154 is related to applicant and such mobile no. was\n       mentioned in detail of account holder of above account. It is also\n       revealed that all the OTP and SMS alerts regarding\n       transactions/withdrawn pertaining to bank account no.\n       06672000003262 used to receive on the above mobile no. of\n       applicant. It is also revealed in the investigation that the\n       applicant has a bank account no.06671000024535 in HDFC\n       Bank and another account no. 053010100140218 in AXIS Bank\n       and applicant Akhilesh Pratap Singh transferred amount in his\n       above said accounts from the accounts of Jay Creation Lab, i.e.\n       account No. 06672000003262 which is belong to firm Jay\n       Creation Lab whose proprietor was Madhuri Singh alleged\n       Mother-in-Law of the applicant. As per charge-sheet, in the year\n       2017, the applicant/accused cheated the bank to the tune of\n       Rs.6,62,493/- by committed forgery misappropriation of funds,\n       impersonation and by abusing his official position and he has\n       violated guidelines/circulars of bank of India. The applicant got\n       has wrongful gain of Rs.6,62493/- by forgery and caused\n       wrongful loss to the bank of India."Learned counsel for the applicant submits that during entire\ninvestigation, since 3.7.2019 till filing of the final report on 22.12.2020,\nthe applicant was not arrested by the CBI. He appeared as and when he\nwas called by the Investigating Officer. There is no allegation against the\napplicant that he did not cooperate with the investigation. At the time of\nfiling of the final report, the applicant was suffering from Corona,\ntherefore, his lawyer sought time and thereafter he has surrendered on\n14.1.2021. It is not the case of prosecution that the applicant was\nabsconding. He surrendered before the trial Court along with an\napplicationu/s. 439of the Cr.P.C. No further custody of the applicant is\nrequired and he will face the trial. In support of his contention, he has\nplaced reliance over the judgment of the apex Court in the case of Sanjay\nChandra V/s. Central Bureau of Investigation : AIR 2012 SC 830 in\nwhich, in the similar facts and circumstances, the apex Court has held that\nthe accused facing trial under the economic offences, their custody may\nnot be necessary for further investigation and they are entitled for bail\npending trial on an stringent condition in order to ally the apprehension- : 3 :-M.Cr.C. No.4206/2021expressed by CBI.On the other hand, learned Assistant Solicitor General\nopposes the prayer by submitting that there is a huge recovery against the\napplicant and during investigation, not a single penny has been recovered\nfrom him, therefore, an stringent condition may be imposed.I have perused the case-diary. The allegation against the\napplicant is that while working as Chief Manager, Bank of India for the\nperiod from 2012 to 2016, he has misused his official position and\noperated the bank account of his mother-in-law and paid certain payments\nto her firm. There is an allegation that he has misused his official position\nand caused loss to the bank. The bank can recover the amount as the entire\ndues of the applicant are lying with the bank. Keeping in view the totality\nof facts and circumstances of the case, without further commenting\nanything on the merits of the case, it would be appropriate to enlarge the\napplicant on bail.Accordingly, this application is allowed and the applicant is\ndirected to be released on bail upon his furnishing a personal bond in the\nsum of Rs.1,00,000/- (Rupees One Lakh) with one surety in the like\namount to the satisfaction of the Trial Court for his appearance before that\nCourt during the pendency of trial. By way of an additional condition the\napplicant shall surrender his passport before the trial Court and all the\nmonetary benefits payable to the applicant after retirement from service\nbe not released to the applicant without the leave of the Court, for which\ncounsel for the applicant has no objection.Before releasing the applicant from the custody the jail\nauthorities are directed to medically examine him in order to rule out the\npossibility of COVID -19 infections and shall comply with the direction\ngiven by the Hon'ble Apex Court in Writ Petition No. 1/2020.C.C. as per rules.( VIVEK RUSIA )\n                                                         JUDGE\nAlok/-Digitally signed by Alok GargavDate: 2021.03.15 17:48:39 +05'30'