Tuesday, August 9, 2022

Allahabad HC grants bail to Kanpur EPF scam main accused

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The Allahabad High Court has allowed the bail application of Mukul Chaubey alias Reyans, the main accused in the Kanpur KESCO EPF scam case.

A Single Bench of Justice Ajit Singh passed this order while hearing a Criminal Misc Bail Application filed by Mukul Chaubey Alias Reyans.

This is a bail application on behalf of the applicant Mukul Chaubey alias Reyans in connection with Case under Sections 120-B, 406, 420, 467, 468, 471 IPC and under Section 66D of IT (Amendment) Act, 2008, Police Station Colonelganj, district Kanpur Nagar.

The FIR of this incident was lodged by the informants against the applicant and one unknown person. It was alleged in the FIR that the informants were working in KESCO on contract basis and the applicant was also working on contract basis in KESCO.

It was also alleged in the FIR that applicant lured the informants to withdraw their EPF and for that purpose he had taken Aadhaar Card and pass book of the informants and on the basis of these documents, the applicant opened the fictitious saving accounts in different banks and transferred the EPF of the informants to his mother’s account and in two other bank accounts. It was also alleged that the applicant had siphoned off Rs 3 lakh to his mother’s account and other persons.

The submission of the counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the case with the ulterior motive.

He submitted that the applicant is the only bread-earner in his family and his family is at the verge of starvation.

He further submitted that the applicant is languishing in jail since 30.08.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

Additional Government Advocate has opposed the bail plea.

“Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of the counsel for the parties, considering the law laid down in the case of Data Ram Vs State of UP and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, the Court finds it to be a fit case for bail,” the Court observed while allowing the bail application.

The Court ordered,

Let the applicant Mukul Chaubey alias Reyans involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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