Rajendra Tyagi & Others vs State Of Uttarakhand & Others

Ravindra Maithani, J

Applicants, who are in judicial custody, in connection with Case Crime No.494 of 2018, under Sections 420, 467, 468, 471 & 120-B of I.P.C., Police Station Kotwali Gangnahar, Roorkee District Haridwar have sought their release on bail.

Heard Mr. S.R.S. Gill, Ms. Lata Negi and Mr. Deepak Sharma, Advocates for the applicants and Ms. Sangeeta Bhardwaj, Brief Holder for the State.

According to the FIR, on 10.10.2018 applicant Rajendra Tyagi alongwith applicants and other persons visited ICICI Bank, Branch Roorkee and a demand draft of Rs.25 crore and a cheque of Rs.5 crore were submitted for depositing in the account of Guru Kripa Adhyatmik Chetna Sansthan. Suspecting some foul play, Branch Manager contacted the concerned Branch and it was revealed that the draft was forged. Applicant Rajendra Tyagi was apprehended in the bank itself remaining applicants and other persons accompanying them ran away. After investigation charge sheet has been filed against the applicants under Sections 420, 467, 468, 471 and 120B IPC.

On behalf of the applicants Pawan Kumar and Vipin Kumar Yadav, it is being urged that they are not named in the FIR; they have not placed any document; they have no role in commission of the offence.

On behalf of the applicant Rajendra Tyagi, it is argued that he has been working with Guru Kripa Adhyatmik Chetna Sansthan for a long and dealing with their bank matters and he got the draft from Sansthan, which was in the name of Sansthan itself. Had the amount been deposited in the name of Sansthan, he would not have been benefited with it. Charge sheet has already been submitted. Co-accused Neetu has already been enlarged on bail by this Court on 02.04.2019 in BA1 No.2344 of 2018. Applicants are in jail for a long and it is a case for bail.

Learned Brief Holder for the State would urge that a forged draft and cheque were placed in the bank for depositing in the account. The statement of a Mahant Reema Giri of Guru Kripa Adhyatmik Chetna Sansthan and Smt. Vijay Laxmi of Sanyogita Vikas Samaj Sanstha has been referred to and it is argued that Guru Kripa Adhyatmik Chetna Sansthan have not given the draft to the applicant Rajendra Tyagi and Sanyogita Vikas Samaj Sanstha, from whose account the cheque was forged, have not issued the cheque. Therefore, it is argued that the applicants have committed forgery to get undue benefits.

Apparently, it is an attempted act of cheating. Forgery is alleged to have been committed with regard to a demand draft and a cheque. Both were in the name of Sansthan. The applicants could not succeed in their attempt. They were apprehended as the first informant suspected the foul play. Charge sheet has already been submitted in the case.

Having considered the submission of learned counsel for the parties, under the facts and circumstances of the case, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicants deserve to be released on bail.

The bail application is allowed. Let the applicants, namely, Rajendra Tyagi, Vipin Kumar Yadav and Pawan Kumar be released on bail on their executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.