High Court · 2025

learned A.G.A. for the State as well as Shri Imran Ullah, learned counsel for the informant and perused the material brought on record.

3. Learned counsel for the applicant submits that the co-accused namely, Akhilesh Chaturvedi was posted as Senior Branch Manager of Etawah District Cooperative Bank, Etawah (hereinafter referred to as, 'Bank'). On some complaints regarding embezzlement of funds in the Bank, an inquiry was conducted pursuant to which, report was submitted on 09.07.2024, wherein embezzlement of Rs. 24,18,66,865./- and irregularity of Rs. 72,30,013.93 were found to be committed by ten personnel of the Bank. Consequently, on the basis of inquiry the F.I.R. of the present case was came to be lodged by the Bank against the employees of the Bank and not against any third person including the applicant. The statement of the informant was recorded by the Investigating Officer and during the investigation 28 bank accounts of the Bank were identified as being involved in the alleged offence. The Investigating Officer vide its letter dated

19.07.2024 requested the Branch Manager to provide the account opening forms, statements of account with effect from 01.01.2020 to 30.11.2023 and transaction vouchers of all the 28 bank accounts. Pursuant to which, the Branch Manager informed the Investigating Officer that out of the aforesaid 28 bank accounts, record of only three accounts were available in the Branch and even for those three accounts, no I.D. is found attached with the account opening form and these accounts seem to be fake. It seems that Akhilesh Chaturvedi had opened various saving bank accounts in the Bank in the name of his family members, namely Asha Chaturvedi (mother of Akhilesh Chaturvedi) Shailendra Chaturvedi (father of Akhilesh Chaturvedi), Malti Chaturvedi (wife of Akhilesh Chaturvedi) and Rajendra Kumar Chaturvedi (Uncle of Akhilesh Chaturvedi). The Investigating had obtained the account statements of the aforesaid accounts of the family members of Akhilesh Chaturvedi and it was found that Rs. 66,06,836 in total were credit on various dates in the Account No. 000211002101662, which was opened in the Bank in the name of the Asha Devi. During investigation it was found that Akhilesh Chaturvedi had deposited a total amount of Rs. 9,78,20,694/- in the account of his family members out of which an amount of Rs. 66,06,836/- was deposited in the account of the Asha Chaturvedi. Learned counsel for the applicant further submits that on the basis of material collected during investigation and on the basis of accounts statements of various accounts no offence has been committed by the applicant and it is the Akhilesh Chaturvedi, who is main accused and that the applicant has been falsely implicated due to ulterior motive. Further, there is no material collected during investigation with respect to the withdrawal of the funds from the account of the applicant or the manner in which the amount alleged to be credited in the account or has been used or utilized by him and there is nothing to show that the applicant had actually enjoyed any financial gain from the said amount. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that applicant is languishing in jail since 21.09.2024, with no criminal history.

4. On other hand, Ms. Tahira Shabnam, as well as Sri Imran Ullah and Sri Vineet Vikram Singh, learned counsel for the informant submit that as per C.D.-61 dated 09.12.2024, copy of which is at page No. 7 of the counter affidavit, the Investigating Officer during the course of investigation had collected the original accounts opening form and payment vouchers of Account No. 000211002003998 of Shailendra Chaturvedi, Account No. 000211002101662 of Asha Chaturvedi, Account No. 0002110021021044 of Malti Chaturvedi, Account No. 00021000510078 of Proprietor of Rudraksh Jwellers namely Ujjawal Porwal and Account No. 002100005100082 of J.P. Construction and Account No. 000211002025745 of Rajendra Chaturvedi and had sent to the Forensic Science Laboratory for matching of signatures of the account holders. He further submits that the applicant is the proprietor of J.P. Construction having its Account No. 002100005100082 and in that account the amount has been transferred and withdrawn. He further submits that samples of signatures put on payment vouchers, signed cheques and account opening forms of the applicant were sent to Forensic Laboratory Test for scientific examination and according to the F.S.L. samples of signatures of the applicant is found to be matched with the original accounts opening form and payment vouchers of the account number of the applicant and therefore, the applicant may not be enlarged on bail.

5. Perusal of the record shows that the signature of the applicant has been matched and therefore, the applicant has committed the offence. The samples of signature sent to F.S.L. also been found matched with the F.S.L. report and therefore this Court is of the opinion that the applicant is not entitled for bail.

6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant.

7. Accordingly, the bail application moved on behalf of applicant Prabhat Kumar stands rejected. Order Date :- 22.7.2025 S.Ali SHAUKAT ALI High Court of Judicature at Allahabad

learned A.G.A. for the State as well as Shri Imran Ullah, learned counsel for the informant and perused the material brought on record.

3. Learned counsel for the applicant submits that the co-accused namely, Akhilesh Chaturvedi was posted as Senior Branch Manager of Etawah District Cooperative Bank, Etawah (hereinafter referred to as, 'Bank'). On some complaints regarding embezzlement of funds in the Bank, an inquiry was conducted pursuant to which, report was submitted on 09.07.2024, wherein embezzlement of Rs. 24,18,66,865./- and irregularity of Rs. 72,30,013.93 were found to be committed by ten personnel of the Bank. Consequently, on the basis of inquiry the F.I.R. of the present case was came to be lodged by the Bank against the employees of the Bank and not against any third person including the applicant. The statement of the informant was recorded by the Investigating Officer and during the investigation 28 bank accounts of the Bank were identified as being involved in the alleged offence. The Investigating Officer vide its letter dated

19.07.2024 requested the Branch Manager to provide the account opening forms, statements of account with effect from 01.01.2020 to 30.11.2023 and transaction vouchers of all the 28 bank accounts. Pursuant to which, the Branch Manager informed the Investigating Officer that out of the aforesaid 28 bank accounts, record of only three accounts were available in the Branch and even for those three accounts, no I.D. is found attached with the account opening form and these accounts seem to be fake. It seems that Akhilesh Chaturvedi had opened various saving bank accounts in the Bank in the name of his family members, namely Asha Chaturvedi (mother of Akhilesh Chaturvedi) Shailendra Chaturvedi (father of Akhilesh Chaturvedi), Malti Chaturvedi (wife of Akhilesh Chaturvedi) and Rajendra Kumar Chaturvedi (Uncle of Akhilesh Chaturvedi). The Investigating had obtained the account statements of the aforesaid accounts of the family members of Akhilesh Chaturvedi and it was found that Rs. 66,06,836 in total were credit on various dates in the Account No. 000211002101662, which was opened in the Bank in the name of the Asha Devi. During investigation it was found that Akhilesh Chaturvedi had deposited a total amount of Rs. 9,78,20,694/- in the account of his family members out of which an amount of Rs. 66,06,836/- was deposited in the account of the Asha Chaturvedi. Learned counsel for the applicant further submits that on the basis of material collected during investigation and on the basis of accounts statements of various accounts no offence has been committed by the applicant and it is the Akhilesh Chaturvedi, who is main accused and that the applicant has been falsely implicated due to ulterior motive. Further, there is no material collected during investigation with respect to the withdrawal of the funds from the account of the applicant or the manner in which the amount alleged to be credited in the account or has been used or utilized by him and there is nothing to show that the applicant had actually enjoyed any financial gain from the said amount. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that applicant is languishing in jail since 21.09.2024, with no criminal history.

4. On other hand, Ms. Tahira Shabnam, as well as Sri Imran Ullah and Sri Vineet Vikram Singh, learned counsel for the informant submit that as per C.D.-61 dated 09.12.2024, copy of which is at page No. 7 of the counter affidavit, the Investigating Officer during the course of investigation had collected the original accounts opening form and payment vouchers of Account No. 000211002003998 of Shailendra Chaturvedi, Account No. 000211002101662 of Asha Chaturvedi, Account No. 0002110021021044 of Malti Chaturvedi, Account No. 00021000510078 of Proprietor of Rudraksh Jwellers namely Ujjawal Porwal and Account No. 002100005100082 of J.P. Construction and Account No. 000211002025745 of Rajendra Chaturvedi and had sent to the Forensic Science Laboratory for matching of signatures of the account holders. He further submits that the applicant is the proprietor of J.P. Construction having its Account No. 002100005100082 and in that account the amount has been transferred and withdrawn. He further submits that samples of signatures put on payment vouchers, signed cheques and account opening forms of the applicant were sent to Forensic Laboratory Test for scientific examination and according to the F.S.L. samples of signatures of the applicant is found to be matched with the original accounts opening form and payment vouchers of the account number of the applicant and therefore, the applicant may not be enlarged on bail.

5. Perusal of the record shows that the signature of the applicant has been matched and therefore, the applicant has committed the offence. The samples of signature sent to F.S.L. also been found matched with the F.S.L. report and therefore this Court is of the opinion that the applicant is not entitled for bail.

6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant.

7. Accordingly, the bail application moved on behalf of applicant Prabhat Kumar stands rejected. Order Date :- 22.7.2025 S.Ali SHAUKAT ALI High Court of Judicature at Allahabad