IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 20th May, 2011 Order on the bail application of accused 1st Bail Application No. 20 of 2011 CRIMINAL SIDE Ashok Kumar S/o Shri Anoop Singh R/o 77/10, Purwavali, Ganeshpur, P.S. Kotwali Gangnahar, Roorkee, District Haridwar. …Applicant Versus State of Uttarakhand …Opposite Party Arising out of Case Crime No. R.C. 0072009A0006 Under Sections 120-B/420/201of I.P.C. 13(2) r/w 13(1) (d) of P.C. Act & 66 I.T. Act. Hon’ble Tarun Agarwala, J. Heard Mr. S.K. Agarwal, the learned Sr. Advocate assisted by Mr. Gajendra Tripathi, the learned counsel for the applicant and Mr. Arvind Vashistha, the learned counsel for the opposite party. The first information report was lodged alleging therein that a criminal conspiracy was hatched by the applicant, who was the Sub Divisional Engineer (OCB) in B.S.N.L. Ramnagar, Roorkee alongwith the other private persons and has duped the B.S.N.L. to the tune of several crores of rupees by illegally activating un-metered I.S.D. facilities on four landline numbers. It is alleged that the applicant tampered the computer of Ramnagar Exchange and enabled the landline numbers to make un-metered I.S.D. calls to three African Nations, which resulted in causing loss to B.S.N.L. and unlawful gain to the applicant. Upon investigation, it was found that the computer could only be hacked by using the official passwords. The class four password remains with the Divisional Engineer and the class ten password remains with the Sub Divisional Engineer i.e. the applicant. The investigation reveals that the class four passwords was in the possession of the applicant which he had misused as is clear from the logbook, which has been made available. In the light of the aforesaid, Mr. S.K. Agarwal, learned Sr. Advocate submitted that the class four password had been returned to the Divisional Engineer as far back as on 3rd April 2009 whereas the 2 alleged calls made from the four landlines were made in June 2009 and consequently, there was no way for the applicant to un-meter or activate un-metered I.S.D. facility on the four landlines. He further submitted that till date not a single penny of unlawful gain, if any, has been recovered from the applicant. It was further urged that as per the charge sheet some modem was recovered from the operation and maintenance centre and it is believed that this modem was used to give commands to the operations and maintenance terminal of exchange from a remote system. Consequently, it was submitted that it is quite possible that there were some other persons involved in the commission of the crime using the modem to activate the un-metered I.S.D. calls on the four landlines. Learned counsel for the applicant consequently submitted that the applicant has made a scapegoat and that there are other fishes which have not been touched. Having heard the learned counsel for the parties, the Court finds that the password of the exchange was found with the applicant, who entered the password and opened the system. As per the command log, no such document showing the return of password by the applicant was brought on record. Investigation further reveals that the landline telephone numbers were given from some terminal “CV6”, which was kept in the room of the applicant and, consequently, an irresistible conclusion is drawn that the applicant had given the command for un- metering the I.S.D. facilities and removing these numbers and de- activated the generation of a detailed bill, etc. In the light of the aforesaid, without entering into the merit of the case, prima facie, this Court finds the existence of the applicant’s involvement in the commission of the crime. Consequently, this Court is of the opinion that it is not a fit case for the applicant to be enlarged on bail. Bail application is rejected. (Tarun Agarwala, J.) Dated 20.05.2011 VKG