Criminal Misc. No. M-25980 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-25980 of 2011 Date of decision : December 07, 2011 Md. Tahir Ali ....Petitioner versus State of Haryana and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. AK Bajpai, Advocate, for the petitioner Mr. Anil Kumar, Deputy Advocate General, Haryana for respondent no. 1 Mr. Kamal Sehgal, Advocate, for respondent no. 2 L.N. Mittal, J. (Oral) Accused Md. Tahir Ali has filed this petition for anticipatory bail in case FIR No. 99 dated 2.5.2011, under sections 419, 420,467,468, 471, 120-B IPC, registered at Police Station Sushant Lok, Gurgaon. I have heard learned counsel for the parties and perused the case file. According to prosecution version, the petitioner fraudulently withdrew amounts from EPF accounts of different persons by substituting Criminal Misc. No. M-25980 of 2011 -2- the names of other persons by forgery. Accounts in the names of non- existent persons were opened in bank. The petitioner introduced those account holders. Amounts from the said bank accounts were then withdrawn allegedly by the petitioner. The employees in whose names the amounts were withdrawn were not EPF account holders. They were allegedly employees of petitioner's Firm. The bank accounts were opened in Gurgaon but amount of Rs 4,25,000/- was withdrawn from different accounts through three ATMs at Agra merely in two days. The petitioner is also resident of District Agra. The persons in whose names the amounts were withdrawn from EPF and were transferred in bank accounts are found to be non- existent. All these facts have come during investigation as submitted by counsel for the respondents. Counsel for the petitioner vehemently contended that only fault of the petitioner is that he introduced the account holders in the bank while opening bank accounts and therefore, he deserve the concession of anticipatory bail. The contention cannot be accepted. Firstly, the persons in whose name accounts were opened are not available and thus, the petitioner got bank accounts opened by falsely introducing those persons. Secondly amounts from the said accounts opened in bank at Gurgaon were withdrawn from ATMs at Agra. The total amount of Rs 4,25,000/- was withdrawn from the ATMs. An amount of Rs 4,43,000/- was deposited in bank account of the petitioner as cash deposit during the period from Criminal Misc. No. M-25980 of 2011 -3- 4.8.2010 till 31.3.2011. Withdrawal from ATMs at Agra was in January, 2011. The petitioner is also said to have taken away the record of his employer from whose job he was found absent since January, 2011. The petitioner also allegedly misappropriated Rs 93,000/- of his employer company. Some certificates obtained by petitioner from Government authorities were also found to be fake. Keeping in view the serious allegations against the petitioner and all other circumstances noticed hereinbefore but without meaning to express any opinion on merits of the case, the question of extending concession of anticipatory bail to the petitioner does not arise. Dismissed. ( L.N. Mittal ) December 07, 2011 Judge 'dalbir'