Yusuf Salam v State of Uttar Pradesh
Allahabad High Court
31 July 2013
Criminal Misc. Bail Application No. 9630 of 2012
The Order of the Court was as follows :
1. This bail application has been moved on behalf of the applicant Yusuf Salam who is involved in Case Crime No. 318 of 2011, under Sections 420 and 406ย I.P.C., Police Station Gulawati, district Bulandshahr.
2. The complainant of the case is one Naseer. On 27.9.2011 he lodged an F.I.R. with the police with the allegation that there is in existence a Muslim Bank/Muslim Fund which is situated in Mohalla Sharif Tulla. About 1000 persons are account holders of such Muslim Bank. The account holders are from the lower strata of society who are generally rickshaw pullers or daily wagers or who carry on very small business such as selling ‘chat’ or vegetables on Thelas. Such persons who belong to muslim community used to deposit small amounts of money, mostly on daily basis, with the applicant and applicant maintained a ledger and pass-books for accounting purpose. He used to receive money and in lieu thereof he made entries in the pass books and the ledgers with his signature.
On 20.9.2011 when the complainant alongwith some other agents reached the Muslim Bank he found that the applicant was missing. On search it was found that he had run away with Rs. 40 lacs deposited in the said bank by the poor account holders and petty businessmen. The F.I.R. was registered and district administration was also informed and certain administrative inquiries were conducted in the case. After investigation of the case a charge-sheet was filed against the applicant.
3. Heard learned counsel for the applicant as well as learned A.G.A. and perused the records. It has been submitted from the side of the applicant that the applicant is in jail since 11.11.2011. It has further been submitted that he is innocent and has been falsely implicated in this case. It has further been submitted that he is nothing to do with the society or with the Muslim Bank and he is only an employee of such institution on a monthly salary of Rs. 3000/-. Attention of this Court has been drawn towards the bye-laws (Niyamawali) of the Bank and it has been submitted that he is not the Manager of the bank and he is only Dy. Secretary. It has also been submitted that Dy. Secretary has no role in operating the accounts. It has also been submitted that the amount so collected by the Muslim Bank was deposited in the Allahabad Bank, Bulandshahr and such deposition and withdrawals with the Allahabad Bank could only be done by the President and Secretary of the Muslim Bank. It has further been submitted that the top bosses of the society have usurped the entire amount and the applicant has been made an escape goat. It has further been submitted that those high ups have not been made accused in this case. It has also been submitted that the complainant of the case is a ‘yes-man’ of the top bosses.
4. The bail application has been vehemently opposed by the learned A.G.A. In this case the I.O. was summoned by the Court and he had filed a detailed counter affidavit in the case. It has been submitted from the side of the State that the applicant changed the name of the society on his own and changed the name of the society from Gulawati Amanat Society to Gulawati Sewa Society. It has further been submitted that it was the applicant who actually operated the funds of the entire society. On ledger and pass books hundreds of his signature are available. It has further been submitted that during the months of April to June, 2011 the applicant purchased three properties in the name of his family members. My attention has been drawn towards the ledger and various pass books as well as the sale deeds.
5. From perusal of the records and statements of the witnesses it appears that the applicant got deposited with the society, for a considerably long period, small amounts from hundreds of labourers, rickshaw pullers, daily wagers and persons doing petty business and after making the entries he signed the ledgers and the pass books. The proximity of time in purchasing the immovable properties with the scam also goes against the applicant.
6. From over all perusal of the material available on the record I find that there might be involvement of some top bosses in this case but the involvement of the applicant appears to be there. It has been informed that the investigation is going on against the other members of the society including the President and Secretary. Considering all the aspects of the case and without expressing any opinion as to the merits of the case I do not find that there is any force in this bail application. The bail application is rejected.
Order accordingly
