Akhilesh Kumar Tiwari vs State of U.P.

Ravindra Singh, J.—The applicant Akhilesh Kumar Tiwari has filed a Criminal Misc. Bail Application No. 11781 of 2008 and the applicant Vijay Pandey has filed Criminal Misc. Bail Application No. 11767 of 2008 with a prayer that they may be released on bail in Case Crime No. 5 of 2008 under Sections 420, 406, 467, 468 and 471, I.P.C., P.S. Kotwali District Kanpur Nagar. Both the bail applications arising out of the same crime number are being disposed of by a common order.

Heard Sri P. N. Misra, senior advocate, assisted by Apul Misra, and Sri Rajesh Kumar Dubey, learned Counsel for the applicant Vijay Pandey and Sri Manish Trivedi and Rajesh Kumar Dubey learned Counsel for the applicant Akhilesh Kumar Tiwari, learned A.G.A. for the State of U.P. Sri M. D. Singh Shekhar, senior advocate, assisted by Sri Babu Lal, learned Counsel for the complainant.

The fact in brief of this case are that the F.I.R. of this case has been lodged by Sri Tej Bahadur Singh, H.S.O. P.S. Kotwali and 12 other co-accused with the allegation that the applicant and other co-accused persons have formed a gang, they are withdrawing the amount from the private bank of the city through credit cards, forged credit cards have been prepared with forged names and address, they open account in the bank with forged names knowing it well that the account are not having any money, they prepared cheques of high amount and on the basis of forged credit cards, the same was deposited in the account as soon as the entry of the cheques is made in the account of the credit cards, the same amount become updated in these credit cards, thereafter, the credit cards are scratched by machine and the same amount is withdrawn. It all happened before the deposited cheques are bounced by the bank concerned.

It is alleged that the applicant and other co-accused persons have withdrawn a huge sum in crores from the bank, its gang leader is Bhartendu Aman Singh who got prepared credits cards and other necessary documents. The police party headed by the first informant came at the premises of I.C.C.I. Bank and started waiting the arrival of the active members of the aforesaid gang where they saw that four or five persons coming out from the bank building and they were exchanging the bundles of currency notes, out of them four persons were arrested, one miscreant escaped successfully from the place of occurrence. From the possession of Akhilesh Kumar Tiwari two credits cards were recovered in which one of the credits cards was of I.C.C.I. Bank in the name of Akhilesh Kumar Tiwari, second credit card was of standards chartered, which was in the name of A. K. Tiwari, two others credit cards were recovered from their possession one credit card was in the name of Asish Kumar Misra, second was in the name of Raj Kumari, his driving licence was also recovered, which was in the name of A. K. Tiwari, two cheques were recovered from the pocket of his coat in which one cheques was in the name of Smt. Saroj wife of Sonveer Singh and the second was in the name of Kishan Kumar, one cheque book was also recovered from his pocket and a sum of Rs. 70,000 were recovered from his possession and from the possession of the co-accused Vijay Pandey Rs. 50,000 one E.D.C. swoop machine on which I.C.C.I. bank was written and from the pocket of his pant two credit cards of I.C.C.I. bank and one mobile phone have been recovered. In the meantime the Regional Manager of the Bank Sri Vinod Singhal, and other came at the place of occurrence who stated that they also came to know that the money of the bank has been illegally withdrawn and from the possession of the other co-accused Hanuman Prasad a sum of Rs. 13,000 and from the possession of the co-accused Amit a sum of Rs. 50,000 credit card, cheque book etc., have been recovered all the accused persons confessed before the police.

It is contended by the learned Counsel for the applicant that the allegations made against the applicant are false and frivolous, the applicant Akhilesh Kumar Tiwari is scrap businessman with well reputation. He was picked up by the local police on 30.12.2007 at 5.30 p.m., its message was given to the S.S.P., Kanpur Nagar through telegram dated 31.12.2007, the recovery of the credit cards, cheque book is not fake because the credit cards and cheque books are genuine, in the I.C.C.I. bank there is a close circuit camera at the payment counter recording transaction. The applicant did not get any amount by swapping credit cards and E.D.P. Machine, E.D.P. Machine are provided by the bank. In case any irregularity is found the machine may be blocked. In case any forged payment is made from that machine its message on the mobile of the credit holders is communicated by the computer server showing the payment of the money withdrawn. In the instant case, nothing has been done. There is no evidence to show that the applicant has committed any forgery or illegality in withdrawing the amount.

It is further contented that the applicant Vijay Pandey is innocent. He has been falsely implicated due to ulterior motive. He is an employee of H.B.L. Global Private Limited as an executive. He was picked by the local police on 30.12.2007 while he was serving the E.D.C. Machine of H.D.F.C. bank, he was illegally detained by the police and subsequently, involved in the present case, the recovery of the credit cards and cheque books have been planted. The applicant Akhilesh Kumar Tiwari was forcibly taken by the police and after obtaining their signature, amount has been withdrawn. There is no evidence of committing any forgery or cheating against the applicants. Therefore, the applicant may be released on bail.

In reply to the above contention it is submitted by the learned A.G.A., and the learned Counsel for the complainant that both the applicants have been arrested by the police when they have been withdrawing the money from the bank, from their possession, withdraw money, credit cards have been recovered and from the possession of the applicant Vijay Pandey E.D.C. Swapping machine, credit cards, debit credit blank cheques etc. have been recovered from the possession of the applicant Akhilesh Kumar Tiwari Rs. 70,000 and from the possession of the applicant Vijay Pandey Rs. 50,000 have been recovered. The applicants are active members of the gang who withdraw money from the private bank illegally on the basis of forged credit cards by playing fraud in the bank depositing forged cheques in the accounts which were opened in the name of non-existing person knowing it well that the account was not having any money till the dishonouring of the cheque money was withdrawn on the basis of the credit cards. In the present case applicants were arrested when they came out from the bank after withdrawing the money. The gravity of the offence is too much. Therefore, the applicants were not released on bail.

Considering the facts and circumstances of the case and the submission made by the learned Counsel for the applicant, learned A.G.A. and the learned Counsel for the complainant it appears that the gravity of the offence is too much. In this case applicants were arrested from I.C.C.I. bank premises, when they came out after withdrawing the money, from their possession credit cards etc., have been recovered. The allegation against the applicant and other co-accused persons are that they have played with the system of the bank by way of committing the forgery, withdrawing money from the bank and without expressing any opinion on the merit of the case the applicants are not entitled. The prayer for bail is refused.

Accordingly both the applications are rejected.