Dinesh Kumar Singh, J.

1. Heard learned counsel for the accused-applicant, as well as Mr. Anurag Kumar Singh, learned counsel for the respondent-CBI, and gone through the entire record. Counter affidavit filed today is taken on record.

2. This application under Section 438 CrPC has been filed by the accused-applicant in anticipation of his arrest pursuant to Crime No.RC-0062021S 008 (Case No.31394 of 2022), under Sections 120- B, 409, 420, 467, 468, 471 and 477-A IPC lodged at Police Station CBI/ACB, District Lucknow.

3. On source of information, the FIR in question came to be registered by the CBI against the accused-applicant and co-accused, alleging therein that the accused entered into a criminal conspiracy with each other with a dishonest intention to cheat the Railways and misappropriate money by using credentials of the accused-applicant, Senior Clerk, Northern Central Railway, by modifying the basic-pay, designation and bank-account details of Naresh Singh, Assistant Loco Pilot for misappropriating Rs. 98,90,049/-, Rs. 76,831/- and Rs.17,180/- respectively on account of bogus T.A. Bills in the name of Naresh Singh, Assistant Loco Pilot. Further, allegation has been made that basic-pay and bank details of Naresh Singh, Assistant Loco Pilot, Satya Prakash, Goods Guard and Sunil Dutt Yadav, Loco Pilot (Goods) were changed to misappropriate the money.

4. It is not in dispute that the excess amount was credited in the accounts of three employees by the accused. However, the three employees informed the Railways about the payment of excess amount and the Railways thereafter debited excess amount from the accounts of the three employees and no loss could be caused to the Railways.

5. On behalf of the accused-applicant, it has been submitted that the said mistake happened because of technical snag in the computer and it was not a deliberate attempt to transfer the excess amount in accounts of the three employees.

6. On behalf of the respondent, it has been submitted that it was not a technical snag, but it was an intentional attempt on the part of the accused-applicant and co-accused to cheat the Railways by transferring the excess amount in the accounts of the three employees, named in the FIR. Their basic-pay and account numbers were also changed. However, the three employees acted in a diligent manner and they did not become party to the illegal act of the accused-applicant and co-accused and they informed the Railways regarding excess credit of the amount in their accounts and, therefore, no loss could be caused to the Railways. It was not the case that the accused-applicant and co-accused were not involved in fabricating the accounts and transferring the excess amount.

7. It has not been disputed by the learned counsel for the respondent that the accused-applicant had cooperated in the investigation and he was not arrested during the course of investigation.

8. Considering the fact that no loss was caused to the Railways because of diligence shown by the three employees, in whose accounts excess amount was credited, the accused-applicant had cooperated in the investigation and charge-sheet has already been filed, no purpose would be served by putting the accused-applicant behind the bars at this stage and, therefore, this Court is of the view that the accused-applicant may be enlarged on anticipatory bail. Therefore, applicant- Lavkush alias Lavkush Singh Rawat, accused of above-mentioned FIR/crime number, is enlarged on anticipatory bail. He is directed to appear before the trial Court concerned within one week from today and file a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned, if already not filed, with other conditions, as may be desirable by the learned trial Court.

9. Allowed.