Har Govind Verma vs C.B.I. And Anr.

Heard learned counsel for the applicant as well as Shri Anurag Kumar Singh, learned counsel appearing for C.B.I. through Video Conferencing and perused the record.

This anticipatory bail application has been filed by the applicant- Har Govind Verma, as he apprehends his arrest in connection with Case No. 1111 of 2017 RC No. 09(A) 2016, under Sections 120-B, 409, 420, 467, 468, 471, 477-A I.P.C. and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988 and Sections 65, 66, 66(C) and 66(D) of Information Technology Act, Police Station CBI/ACB, Lucknow.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence. He is aged about 65 years and having regard to the Covid-19 Pandemic in all probability the applicant, if lodged in jail, may be infected with Covid-19 virus.

It is further submitted that in the instant matter initially an F.I.R. was registered against one Shri Kumar Priyadarshi, the then Sub Post Master, DLW Post Office, Varanasi and 20 others for misappropriation of Government money to the tune of Rs. 5,92,31,679/-. It was alleged in the First Information Report that above named Kumar Priyadarshi while working as Post Master Grade-I, DLW Post Office, Varanasi, misappropriated the Government money to the tune of Rs. 5,92,31,679/- by making false deposit entries in some accounts in his own name as well as in the name of other family members and subsequently withdrew the money from these accounts from DLW Post Office, Varanasi/Anisabad from different ATMs on different dates.

It is also submitted that the charge-sheet in this case has already been submitted by the C.B.I. and after further investigating the matter under Section 173 (8) Cr.P.C., the supplementary charge-sheet has been filed against the applicant and other co-accused persons, wherein it is stated that the applicant was involved into a criminal conspiracy with co-accused Kumar Priyadarshi and by abusing his official position did not ensure the relieving of accused Kumar Priyadarshi from DLW Post Office to City Branch, Post Office, Varanasi despite clear instructions of Regional Office to relieve him since October, 2015.

Highlighting the above factual matrix, it is vehemently submitted that the applicant is not having any concern either with the Kumar Priyadarshi, the main accused of the crime or any other co-accused persons as the applicant was never in a position to hatch any conspiracy and the act which has been attributed to the applicant by the Central Bureau of Investigation by filing supplementary charge-sheet could not be believed on the touchstone of probability and it is a case where there is no evidence or material at all against the applicant.

It is also submitted that applicant is a respected citizen and having his routes in the society and as the charge-sheet has already been submitted, the investigating agency would not be requiring his detention. Applicant was also not arrested by the investigating agency during the course of investigation and is ready to comply the terms and conditions which may be imposed by the Court.

Shri Anurag Kumar Singh, learned counsel representing the C.B.I. would submit that this is a matter wherein the co-accused namely Kumar Priyadarshi, who was posted at the relevant point of time as Post Master, DLW Post Office, Varanasi in connivance with other co-accused persons including the instant applicant has misappropriated the Government money to the tune of Rs. 5,92,31,679/- by making fake and fictitious deposits entries and withdrawing the said amount on different dates from different ATMs.

It is further submitted by him that it is very difficult to get the direct evidence of any conspiracy, but the material which has been collected during the course of investigation as well as the surrounding circumstances of the case are such which leaves no doubt that applicant has hatched a conspiracy with the main accused of the crime namely Kumar Priyadarshi for misappropriating the Government money to the tune of more than five crores.

It is further submitted by Shri Anurag Kumar Singh, that the main accused namely Kumar Priyadarshi was transferred from DLW Post Office, Varanasi to City Branch, Post Office on 27.05.2015 and his tenure was further extended for two months but he with the connivance of the applicant and other co-accused persons remained at DLW Post Office till his suspension i.e. on 29.03.2016 and the instant applicant was instrumental in not relieving the co-accused Kumar Priyadarshi which is an ample and material evidence to surface the conspiracy between Kumar Priyadarshi and the instant applicant and having regard to the gravity of the offence and the amount involved in the scam, the applicant is not entitled for pre-arrest bail. It is also submitted that applicant is in a position to influence the prosecution witnesses.

Having heard learned counsel for the parties and having perused the record, it is revealed that it is a case where Rs. 5,92,31,679/- have been misappropriated by Shri Kumar Priyadarshi in connivance with other co-accused persons while posted as Post Master Grade-I, DLW Post Office, Varanasi by making fake deposit entries in some accounts in his own name as well as in the name of his family members and the money is stated to have been withdrawn from these fake accounts by the family members of Kumar Priyadarshi. After filing the charge-sheet, further investigation was made and supplementary charge-sheet has been filed against the applicant and other co-accused persons. The applicant has been charge-sheeted under Sections 120-B read with Sections 420, 409, 467, 468, 471, 477-A I.P.C. and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988 and Sections 65, 66, 66(C) and 66 (D) of Information Technology Act.

Perusal of record would also reveal that the main accused of the crime namely Kumar Priyadarshi was transferred from DLW Post Office, Varanasi to City Branch Post Office on 27.05.2015. His tenure was extended for further two months. However, he continued at DLW Post Office till 29.03.2016, on which date he was suspended by the instant applicant just before two days of his superannuation, while it was in the knowledge of the applicant since January, 2016 that co-accused Kumar Priyadarshi had defrauded the postal department to the tune of Rs. 14 lacs, as the interim report in DLW fraud case was submitted on 28.01.2016 whereby the misappropriation of the Government money to the tune of Rs. 14 lacs was reported. It is also alleged against the applicant that while corresponding with the Regional Office, he did not inform about the ongoing enquiry against the main accused Kumar Priyadarshi pertaining to the misappropriation of Government money and he suppressed these facts in his communications with the Regional Office, Allahabad and this permitted Kumar Priyadarshi to continue to function at DLW Post Office, Varanasi and the fraud was continued till March, 2016.

It is also alleged that applicant who was posted as S.P.O., Varanasi West Division at that point of time did not ensure relieving of accused Kumar Priyadarshi from DLW Post Office, Varanasi, which by itself is a strong evidence of conspiracy.

Having gone through the record in the background of the allegations levelled against the applicant and keeping in view the magnitude of the scam and the complicity of the applicant, I do not find any good ground to extend the facility of anticipatory bail to the applicant.

Thus, the anticipatory bail application moved by the applicant- Har Govind Verma is, hereby, rejected.

The observations made herein-above are only for the purpose of disposal of this anticipatory bail application and the same shall not be construed either as the finding or the opinion of this court and shall not effect either the fate of regular bail application which may be moved by the applicant under Section 439 Cr.P.C. or the final outcome of the trial.