CRMPM/3199/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr.MP(M) No.3199 of 2023

Decided on: 29th December, 2023 _________________________________________________________________ Gautam Kumar

....Petitioner

Versus State of H.P.

…Respondent _________________________________________________________________

Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Aasheesh Patial, Advocate.

For the respondent: Mr. Pranay Pratap Singh, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General.

ASI Devinder Nath, I.O. I/C P.P. Nithar, Police Station Kullu, H.P. present in person with record.

Jyotsna Rewal Dua, Judge

The petitioner has filed this petition under Section 438 of Criminal Procedure Code in FIR No. 33 of 2022, dated 01.06.2022 registered under Sections 420, 408, 419, 467, 468, 471 and 120B of Indian Penal Code and Section 66(C) of Information and Technology Act, at Police Station Nirmand, District Kullu, H.P.

Whether reporters of Local Papers may be allowed to see the judgment?

2. On being put to notice, respondent has filed the status report and also produced the record.

Heard learned counsel for the parties and considered the status report and record produced by the respondent.

3. The FIR was registered on the basis of a written complaint of the Superintendent Post Office, Rampur Bushahar, alleging that 81 Automated Teller Machine (ATM) Kits, were irregularly issued at Nither Sub Post Office under Rampur Postal Division using Finacle ID and by fraudulently using them, Rs.30,32,600/- were withdrawn from the saving accounts of the depositors, including deceased depositors.

The investigations were carried out by the respondent. As per the status report, it came out in the investigation that the petitioner had been serving as Gramin Dak Sevak in the concerned Post Office. He remained continuously and conspicuously absent from the duty w.e.f. 12.05.2022. His missing report had been entered accordingly at Police Post Nither; That Sub Post Master Santosh Kumar (co-accused) and Gramin Dak Sevak Gautam

Kumar (present petitioner) in collusion with each other had withdrawn Rs.30,32,600/- from the saving accounts of 65 depositors, including deceased depositors, using Finacle ID and irregularly issued ATM Kits. That the respondent has also investigated the CCTV footage of the certain ATMs. The footage shows the petitioner withdrawing an amount of Rs.10,000/- on 15.11.2021 from the saving account of one of the complainant Smt. Chandra Devi. The status report also refers to certain other footages, wherein the petitioner had allegedly been seen withdrawing money from the saving accounts using Finacle ID and irregularly issued ATM. As per the status report, the petitioner did not report for duties after 11.05.2022, therefore, the respondent had to constitute a special team to nab the petitioner, but the petitioner successfully evaded his arrest till date.

It is also the stand of the respondent that other co-accused i.e. Santosh Kumar during investigation has admitted fraudulently withdrawing the money from 65 saving accounts using Finacle ID and irregularly issued ATMs in collusion with the petitioner.

4. The record also shows that Cr.MP(M) No. 699 of

2023 moved by the petitioner under Section 438 of Code of Criminal Procedure was dismissed as withdrawn by this Court on 21.03.2023. It is, but evident that the petitioner has successfully evaded his arrest. He filed anticipatory bail application before the learned Trial Court eight months later i.e. 28.11.2023, which was dismissed on 04.12.2023.

5. Having heard learned counsel on both sides, on consideration of the status report and record produced by the respondent, I am of the considered view that in the instant case custodial interrogation of the petitioner is necessary to ascertain the facts. Petitioner is facing serious allegations of fraudulently withdrawing lakhs of rupees from 65 saving accounts belonging to different depositors by using Finacle ID and irregularly issued ATM Kits of depositors who allegedly never applied for same. The petitioner, who was serving as Gramin Dak Sevak in the concerned Post Office did not report for duty ever-since 11.05.2022. Petitioner, a resident of State of Bihar, has successfully evaded his arrest till date. The co- accused Santosh Kumar who now stands released on regular bail, has statedly admitted the involvement of petitioner in the offences alleged in the FIR.

For the aforesaid reasons, this petition seeking anticipatory bail lacks merit. The same is accordingly, dismissed. The pending miscellaneous application(s), if any, also stand dismissed.

Jyotsna Rewal Dua

Judge December 29, 2023 R.Atal