On 27.01.2020, a counter affidavit is filed by learned counsel Sri Kazim Ibrahim sworn by Sri Vinay Kumar Chaturvedi, Inspector, C.B.I, Special Crime Branch Office Complex.The bail application was listed severally but the same could not be heard, meanwhile due to Pandemic of Covid-19, the State of U.P. including District Lucknow gone under complete lockdown and physical hearing in the courts was suspended.The urgent hearing after sometime was permitted through video conferencing and at that stage on the ground, the applicant is suffering from Chronic Hapatitis-B, mention was made before Hon'ble the Senior Judge on 06.05.2020 through e-mail on the prescribed website of the Court, the case was then nominated by Hon'ble the Senior Judge vide order dated 11.05.2020 to this Court.Heard learned counsel Sri Pranjal Krishna, Advocate assisting his Senior designated Sri Nandit Srivastav, Advocate and learned A.S.G. Senior designated Sri S.B. Pandey, Advocate assisted by Sri Kazim Ibrahim, perused the record.From the perusal of record as contended by learned counsels the matter appears to have initiated on the basis of two public complaints which were received one from Manoj Srivastav and another from Vinod Jain, to the effect that huge amount has been misappropriated in 27 Savings Accounts standing at Lalitpur Head Post Office under the Jhansi Postal Division in U.P. Circle.During the preliminary enquiry, it was found that one account was written twice, 26 accounts were found initially and an amount of Rs.16,15,600/- has been found defrauded.On the basis of report of said preliminary enquiry into complaints, an F.I.R. was lodged and the investigation proceeded.In investigation, it was found that the applicant is a Postal Assistant and he was found in conspiracy with other co-accused though being a public servant they committed criminal breach of trust and thus withdrawn by way of forgery, manipulation and falsification, thereby made a loss to the State to the tune of Rs.3,11,75,845/- and reciprocally obtained themselves illegal gain.They did so by modifying the data entries fed in computer and thereafter by deleting the same.As such in conspiracy with each other they destroyed the evidences of electronic documents also.The applicant has made Annexure -1, the certified copy of the F.I.R. in Criminal Case No. 1426 of 2017 under Sections 120-B I.P.C. read with 201, 204, 409, 420, 467, 468, 471 and 477(A) I.P.C. and Section 13(2) read with 13(1)(c) & (d) P.C. Act, Section 66 of the Information Technology Act, 2000 Police Station- C.B.I./SCB/Lucknow, District- Lucknow.In the aforesaid F.I.R. details of known/suspected accused with full particulars is given.From perusal of which it appears that including accused applicant total six accused are named who are respectively (1) Sri Indra Jeet Tiwari, Postal Assistant, Account Branch, Lalitpur Head Post Office.(2) Sri Shailesh Khare, Postal Assistant, Saving Bank Control Organization Branch, Lalitpur Head Post Office, Lalitpur.(3) Sri Vinod Kumar Chaudhary, Postal Assistant, Counter Clerk, Lalitpur Head Post Office (Present applicant).(4) Sri Sunil Tiwari, Agent.(5) Sri Anil Jain @ Anil Kumar Jain, National Savings Agent, Lalitpur Head Post Office.(6) Sri Manoj Singhal, National Savings Agent, Lalitpur Head Post Office, Lalitpur, U.P.The said F.I.R. against the accused-applicant is registered on the complaint in writing made by Sri Mahendra Kumar Srivastav, Senior Superintendent of P.H.O., Jhansi Division, Jhansi addressed to the Superintendent of Police, C.B.I./S.C.B., Lucknow on 20.08.2014 with regard to the alleged fraud case of Lalitpur Head Office of Jhansi Division in U.P. Circle.The complainant has informed the Superintendent of Police, C.B.I./S.C.B., Lucknow that pursuant to the two public complaints namely of Sri Manoj Shivhare R/o Nai Basti, Lalitpur and Sri Vinod Jain R/o Ghanta Ghar, Lalitpur with regard to misappropriation of huge amount in 26 Savings Bank Account (particulars are given in the written complaint) standing at Latlitpur Head Post Office under Jhansi Postal Division in U.P. Circle, a preliminary enquiry was done.He further informed that in that preliminary enquiry it comes out that an amount of Rs.16,59,600/- has been defrauded.He further informed that the aforesaid two public complaints have disclosed that through data entry module, the entries of deposit were modified, therefore, all the available informations present in computers i.e. backup, was preserved during preliminary enquiry.The present bail application is of Vinod Kumar Chaudhary who is a co-accused in Criminal Case No.1426 of 2017 [C.B.I. Vs.Indrajeet Tiwari & Ors], Crime No.RC0532014A0006 of P.S. C.B.I./SCB/Lucknow under Sections 120-B read with 201, 204, 409, 420, 467, 468, 471 and 477(A) I.P.C. and Section 13(2) read with 13(1)(c) & (d) P.C. Act, Section 66 of the Information Technology Act, 2000 pending in the Court of learned Special Judge, C.B.I., Court No.6, Lucknow.This first bail application is moved on 14.01.2020 by learned counsel Sri Pranjal Krishna, Advocate who is in assistance with learned Senior Designated Sri Nandit Srivastav, Advocate.Copy of the bail application has already been provided in the office of Additional Solicitor General pursuant thereto learned A.S.G, Senior Designated Sri S.B. Pandey, Advocate in assistance with learned counsel for the Central Government Sri Kazim Ibrahim, Advocate has put in appearance to protest the bail plea.In this connection the preliminary enquiry further revealed that the account numbers mentioned in the aforesaid public complaints were checked in Sanchay Post (A programme of departmental Saving Bank).Out of 26 accounts, Pass books for only 5 S.B. accounts were found available in the Sanchay post and remaining 21 S.B. accounts mentioned in the complaint were shown in computer as "invalid accounts".It was found that the said 21 accounts were deleted from the system after withdrawal of amounts.The said preliminary enquiry report on the basis of which the F.I.R. was registered further discloses that the allegation made in said two public complaints and also in the report of preliminary enquiry, it is prima facie found that there is a gang operating in Lalitpur Head Post Office comprising Sri Indrajeet Tiwari, Postal Assistant, Account Branch, Lalitpur Head Post Office, Sri Shailesh Khare, Postal Assistant, Saving Bank Control Organisation Branch, Lalitpur Head Post Office, Sri Vinod Kr.Chaudhary, Postal Assistant, Counter Clerk, Lalitpur Head Post Office, Sri Sunil Tiwari, Agent, Sri Anil Jain and Sri Manoj Singhal, National Savings Agent, Lalitpur Head Post Office.The mode and manner by which the aforesaid gang of accused persons defrauded the huge amount of public money is described in the complaint and the report of preliminary enquiry that they installed Data Entry Module in there respective systems in Account Branch and then Sri Indrajeet Tiwari and Sri Shailesh Khare used the computer of account branch to modify the deposit amount in the Data Entry Module in the Post Office computer record.Thereafter, they use to sent someone at the counter to withdraw money.At the counter, Sri Vinod Kumar Chaudhary, Postal Assistant use to help them in taking withdrawal in huge amount.In order to put a smoke screen over these fraudulent withdrawals, this gang used to take witness of above mentioned National Savings Agent on the withdrawal vouchers.On the basis of forged witness done by National Savings Agent, Sri Anil Kumar Jain and Sri Manoj Singhal huge amount of money was misappropriated.It is further complained that in this way they committed fraud in more than six thousand entries and crores of rupees have been defrauded by their gang.In the course of checking other accounts as per ledger entries it was found that from the backup data dated 08.06.2013 in respect of accounts fraudulent entries were made by the gang using Data Entry Module which were actually opened in the name of various different account holders mentioned against them.The amounts were withdrawn by fake/imposter persons with this modus operandi and huge some of money were misappropriated, though the actual depositor have not withdrawn their amount.Their amount was fraudulently withdrawn by the gang.It is further mentioned that it is prima facie responsibility of the counter Postal Assistant and Assistant Post Master (A.P.M.) to check and verify the name and identity of correct account holder which was not done by the officials namely Sri Vinod Kumar Chaudhary and Anil Kumar Jain.The amount of aforesaid 32 accounts is Rs.27,47,200/-, the enquiry report as mentioned in the complaint further discloses that National Savings Agent were also involved in this fraud as it is evident from the fact that amount of Rs.16,59,600/- were credited into the Government account by them namely, Sri Anil Kumar Jain and Sri Manoj Singhal as per report of the Post Master Lalitpur, Head Post Office.The complainant further reveals that the departmental enquiry reached at conclusions, the irregularity in Savings Bank Accounts has been detected with involvement of defrauded amount of Rs.44,01,800/- by the aforesaid modus operandi.It is pertinent to note here that the applicant challenged his prosecution in criminal case no. 1426 of 2017 (C.B.I. Vs.Indrajeet Tiwari and Ors.) detailed hereinabove U/S 482 Cr.P.C. No.8428 of 2018 moving Criminal Misc.It was requested by learned counsel for the petitioner that the grievance of the petitioner would be sufficiently met in case bail application of the petitioner is considered expeditiously in accordance with law.The Court ordered "In view thereof, it is provided that if the petitioner surrenders before the Court below within three weeks from today and applies for bail, the court below will consider the same, in accordance with law in view of the observation made in the case of Lal Kamlendra Pratap Vs.State of U.P. reported in 2009 (3) ADJ 328 (Supreme Court).For a period of three weeks, no coercive steps shall be taken against the petitioner.With the aforesaid, the petition is disposed of."The present bail applicant failed to move the bail application within the aforesaid prescribed time before Special Judge, C.B.I. concerned pursuant to order dated 10.01.2019 and he again moved to the High Court U/S 482 Cr.P.C. on the ground that applicant is seriously ill and is suffering from Chronic Hepatitis-B and acute Jaundice, therefore, could not moved the bail application within the aforesaid prescribed time.He further prayed for some more time.The relevant portion whereof is being quoted hereunder:-"Time is extended by one week only.In case petitioner surrenders before the Court below within one week from today and applies for bail, the Court below will consider the same in accordance with law in view of the observation made in the case of Lal Kamlendra 2009 (3) ADJ 328 (Supreme Court)".Pursuant thereto the applicant moved the application for grant of bail before the Special Court, C.B.I., Lucknow.In the affidavit filed in support of the bail application it is stated that pursuant to the F.I.R. dated 28.08.2014 wherein the applicant is accused along with the other co-accused investigation is completed and charge sheet is filed therein on 30.06.2017 against him along with the other co-accused for committing the offence of criminal conspiracy through breach of trust, cheating, forgery of valuable documents, using forged documents as genuine and falsification of accounts by the abuse of official position etc., thereby causing an undue loss of approximately 44,01,800/- to the government exchequer and corresponding wrongful gain to themselves under the relevant Sections of I.P.C.It is argued by learned counsel that a circle level enquiry of this fraud was conducted by Director Postal Services, the report of the enquiry dated 08.05.2015 states the role of Mr. Mahendra Kumar Srivastava (the complainant in present case), the then Senior Superintendent of Post Office, Jhansi Division, Jhansi.It is alleged in this report that Mr. Mahendra Kumar Srivastav (the complainant) is one of the principle offenders of this fraud and was having effective in departmental rules of transfer and posting of employees or officials and also manipulation of records.He was placed under suspension by the Postal Department.The written complaint dated 20.08.2014 made by Sri Mahendra Kumar Srivastav, whereupon on 28.08.2014 the present F.I.R. is registered was submitted on preliminary enquiry done by him on two private complaints dated 04.03.2014 by Mr. Vinod Jain and 05.03.2014 by Mr. Manoj Shivhare.Learned counsel for the bail applicant further drew the attention towards the contents of aforesaid public complaints that they were apparently against Mr. Mahendra Kumar Srivastav himself along with the other three accused.Even then he was entrusted with the preliminary enquiry which he did almost in five years and thus save his skin, he fabricated the things towards the accused applicant.Some of the co-accused who are National Savings Agent were also shown in the commission of offence under conspiracy.As such each of the accused in the present case shown equally involved in the offence apparently have similar role as alleged in the prosecution case.The role of the applicant in the F.I.R as alleged is merely on speculation, the evidence with regard thereto is neither mentioned in the preliminary enquiry report, FIR nor in the charge sheet, therefore, prima facie the role, complicity and involvement of the accused in the alleged conspiracy is not established.Learned counsel further argued that so far as allegation as to the offence of forgery of valuable security and that of cheating, dishonesty, inducing delivery of property is concerned, the applicant has neither forged nor destroyed any valuable security, nor it is the case of prosecution also, moreover, the bare perusal of the charge sheet sufficiently shows that no act of applicant can make him liable within the scope of the above mentioned offences.Learned counsel further argued the applicant had ever been co-operative with the Investigating Officer, he has completed about four years service honestly and with full dedication to the Postal Department, he has to live life, which is expected to be considerably long, therefore, his application for release on bail should be considered on the aforesaid reasons.Learned counsel further submitted that as prima facie no offence is made out against the applicant and in aforesaid offences, the Special Court, C.B.I. has released on bail the co-accused Shailesh Khare vide order dated 24.01.2018 and Kalu Ram vide order dated 14.05.2019 (Annexure No.9).Later on the co-accused Anil Kumar Jain, Manoj Kumar Singhal were also granted bail by this Court vide order dated 17.07.2019 (Annexure No.10), therefore, he should also be released on bail so that he may be able to put his defence properly when the trial begins.Learned counsel further argued that despite the submission of charge sheet on 30.06.2017 still the trial has not begin, the accused is in Jail since 07.01.2020, though he is suffering from serious ailment, the Chronic Hepatitis-B and he is suffering a lot in incarceration.Learned counsel has made Annexure No.11 to the bail application, the medical prescription and treatment with that regard.During the entire period he had never been arrested but he never absconded from the process of the investigation, he has no criminal history.Learned counsel concluded his argument with a prayer to release the accused-applicant on bail.On the other hand, learned A.S.G. has opposed the bail plea of the accused-applicant on the ground that accused-applicant is participant in criminal conspiracy for withdrawing fraudulently from the National Savings Bank account of the depositors in Post Office which is public money.The accused applicant along with other co-accused has drained out a huge amount of public money.Learned A.S.G. further argued that it is clear and evident that National Savings Agents were also involved by the accused applicant and his companions in the conspiracy to commit the fraud.From the fact that the aforesaid agents arraigned in the present crime case have deposited Rs. 16,59,600/- and the same have been credited in the relevant account.The said National Savings Agent are Sri Anil Kumar Jain and Sri Manoj Singhal who are co-accused with the present applicant and other co-accused.Learned A.S.G. drew the attention towards the role of the present applicant that he is Postal Assistant and Counter Clerk, he has duty to verify the person seeking withdrawal of amount and present before him on the counter by documents like K.Y.C., Aadhar, etc. The applicant illegally omitted to discharge his duties acting under under the conspiracy and let the withdrawal done on the forged documents by imposters.He further submitted that during investigation it is implicated that the accused applicant working as counter clerk intentionally without identifying the real account holders done the process of withdrawal therefrom on the basis of forged identity presented by imposters.Learned A.S.G. argued that this was role of accused participant in the conspiracy and as such the applicant forged more than 400 Savings Account and withdrew amount from more than 100 accounts in aforesaid manner.Thereafter the original data entry and accounts were modified and deleted.According to prosecution the fraudulent withdrawal of amount was done from more than 169 National Savings Account with the complicity and involvement of the accused-applicant, causing the loss of Rs.1,31,35,200/-, this is a huge amount.He further submitted that the applicant as it is revealed from the record, was absconding and when on 21.03.2018 an N.B.W was issued, after a considerable delay, when process was issued under Section 82 Cr.P.C. vide order dated 02.12.2019 of the Special Court and enforced, he put appearance before the Court.As such the argument of learned counsel for the bail applicant is not true that accused-applicant co-operated during the investigation and he will ensure his attendance during trial, as it is doubtful from the conduct of the accused, therefore, he should not be released on bail so as to ensure the trial to proceed further.This is also the case of prosecution that the officials of the post office namely Indrajeet Tiwari, Shailesh Khare and the present accused-applicant, Vinod Kumar Chaudhary were in collusive concert and conspiracy with the co-accused Sri Sunil Tiwari (Agent), Sri Anil Jain, Sri Manoj Singhal, National Savings Agent and thus had developed a modus operandi, wherein the amount deposited in National Savings Account in post office by public was used to have been withdrawn on forwarding of other co-accused, putting forth fictitious and imposter depositors in place of real depositors.For withdrawal they used forged documents and the applicant as Counter Clerk used to accept the forged identity of the imposters without any verification with the original entries fed in the computer.Thus he permitted the withdrawal.Thereafter the three co-accused, the officials of a Bank used to modify the entries accordingly and thereafter delete the same.Their roles cannot be assessed as lesser or heavier as they have committed the offence in concert with each other with a common object to give effect to the dishonest and illegal withdrawals.If all these are proved by evidences in trial, the punishment would be severe, they cannot be placed at this stage at different pedestals, even the National Savings Agent, co-accused in the present case are also liable to be placed on the same pedestal along with the other co-accused.From the order of this Court dated 10.01.2019 in Criminal Misc.Application U/S 482 Cr.P.C. bearing no.8428 of 2018, it reflects that stay of arrest was sought on the ground of applicant's suffering from Chronic Hepatitis-B whereupon for the interim period arrest was stayed prescribing time to appear before the Special Court for moving application for bail.The medical prescriptions of the applicant along with the medical prescription of his wife, have already been annexed along with the bail application [Annexure-11 of the bail application]"Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail.

Sections cited: Section 120B in The Indian Penal Code, Section 174A in The Indian Penal Code, Section 229A in The Indian Penal Code, Section 13 in The Indian Penal Code