In a bail application under trial for corruption and cheating, the High Court dismissed the plea due to the gravity of the offence, directing the CBI to hasten evidence production.
Bail application dismissed; CBI directed to produce evidence before Trial Court early.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.396 of 2018
Ram Avtar Singh Dinkar
……...Applicant
Vs.
Central Bureau of Investigation through S.P.E., Dehradun
…….....Respondent
Mr. Raj Kumar Singh, learned counsel for the applicant. Mr. Sandeep Tandon, learned Standing Counsel for the C.B.I..
Hon’ble R.C. Khulbe, J.
Heard learned counsel for the parties.
The present bail application has been filed by the applicant Ram Avtar Singh Dinkar in Case Crime No.RC0072017A0003 of 2017 U/s 120-B, 420 of IPC and U/s 13(2) r/w 13(1) (d) of P.C. Act, 1988, registered at CBI, SPE, Dehradun (District-Dehradun).
It is argued by learned counsel appearing on behalf of the applicant that the accused has been falsely implicated in the offence. He was the Branch Manager of Uttarakhand Gramin Bank, Bazpur, District Udham Singh Nagar during the year 2014-15 and sanctioned agriculture term loan in favour of many farmers. He sanctioned the loan as per the bank norms to number of farmers and some of the farmers have already refunded the loan amount. He is languishing in jail for the last more than 28 months. He is ready to furnish the sureties. He may be granted bail.
Per contra, learned Standing Counsel appearing on behalf of the C.B.I. vehemently argued that the accused while posted as a Branch Manager, Uttarakhand Gramin Bank, Bajpur, District-Udham Singh Nagar, sanctioned term loans to a number of borrowers as per the details
given in the FIR. He sanctioned the loan in connivance with the co-accused - Mohd. Furkan and Irshad Hussain, Dealer of the KGN Tractor and Equipments, Bazpur and other borrowers. A false survey report was prepared by the accused and loan was disbursed on forged documents prepared by the co-accused - Mohd. Furkan and Irshad Hussain, Dealer of the KGN Tractor and Equipments, Bazpur. A total loan was granted approximately Rs.3,20,06,000/-. Apart from that, during the investigation done by the C.B.I., a search of the shop of the KGN Tractor and Equipments, Bazpur was conducted and some of the registers were also seized from the possession of coaccused-Mohd. Furkan and Irshad Hussain. During the search it was found that the accused took the commission on loan from the co-accused Mohd. Furkan and Irshad Hussain. In this regard, a register was properly maintained by the co-accused- Mohd. Furkan and Irshad Hussain, Dealer of the KGN Tractor and Equipments, Bazpur. He lastly argued that looking to the gravity of the offence, the present accused is not entitled for bail.
In the present matter, Mr. Puran Chand, General Manager, Uttarakhand Gramin Bank submitted information to Superintendent of Police, C.B.I., Dehradun. After receiving the information, an FIR was lodged, investigation was conducted and consequently a charge sheet was submitted in the matter. During the course of the investigation, the I.O. conducted the investigation and found that the accused was the Branch Manager, Uttarakhand Gramin Bank, Bazpur, Udham Singh Nagar during the financial year 2014-15 and agriculture term loan against a number of farmers was sanctioned by him, while no agricultural equipments were actually supplied to the borrowers by the KGN Tractors and Equipments. Even
the quotations of the bills were on much higher side than the market rates, and the commission on these loans was also taken by the accused from the dealer- Mohd. Furkan and Irshad Hussain in cash. The accused made false entries in the Bank register about the movement at the spot. He also made a false report with the remark “agriculture equipments are good and in working conditions. Full loan amount utilized”. During the investigation it was found that no such equipments were given by the KGN Tractor and Equipments, Bazpur to the farmers. The C.B.I. has also taken into possession the unfilled loan papers, only signed by the borrowers which, prima facie , prove that the accused used to get signatures from the borrowers and sanctioned the loan without completing any formality. Due to this, the Bank has suffered a loss of more than Rs.4.00 crore.
Looking to the gravity of the offence, it is not a fit case for bail at this stage. Accordingly, the bail application is dismissed.
Pending applications, if any, stand disposed of accordingly.
Since the accused is languishing in jail for last more than 28 months, the CBI is directed to adduce the evidence before the Trial Court as early as possible.
It is made clear that the observations, made hereinabove, are only for the purpose of bail application and the same in no manner shall affect the proceedings of trial.
(R.C. Khulbe, J.) 01.07.2020
Balwant/ Sukhbant
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the present circumstances.
Whether the gravity of the offence warrants rejection of bail.
2 provisions across 2 enactments
Ram Avtar Singh Dinkar
Central Bureau of Investigation
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
