Madhya Pradesh High Court
Vaishnavi Chadokar vs State Of M.P. on 11 November, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-35410-2020
The High Court Of Madhya Pradesh
MCRC-35410-2020
(VAISHNAVI CHADOKAR Vs STATE OF M.P.)
7
Indore, Dated : 11-11-2020
Shri Arpit Singh, learned counsel for the applicant.
Shri Palash Choudhary, learned Panel Lawyer for the respondent/State.
Shri Prateek Maheshwari, learned counsel for the complainant. Ms. Poorti Tiwari, CSP and I/O Shri Mahadev Singh Bhadoriya, ASI, P.S. Chhoti Gwaltoli, Indore are present before this Court.
Heard through video conferencing.
This is first bail application under Section 438 Cr.P.C.for grant of anticipatory bail. The applicant, a lady aged about 42 years with a small child aged about six year apprehends arrest in connection with Crime No.108/2020 registered at P.S., Choti Gwaltoli District Indore under Sections 420, 408 and 120-B IPC.
A s per prosecution story, the main accused Manish Gupta, an Accountant in a Company known as Zivaya Wellness Company had manipulated the books of account and thereafter fraudulently transferred huge amount of money to different persons causing substantial financial loss to the company. This act of the accused Manish Gupta has been alleged to be fraudulent. It is further alleged that co-accused Krishna Chadokar is one of such tranferee's/beneficiary and the present applicant happens to be the wife of Krishna Chadokar. Accordingly, case has been registered against the applicant.
Learned counsel for the applicant submits that the case of the applicant is altogether different and distinguishable from that of main accused Manish Gupta and other co-accused persons including Dharmendra Verma, beneficiary directly benefited by the alleged illegal transfer of funds from company's account to their accounts. Applicant is house-wife and it is submitted that the alleged transfer so made i.e. on 19.01.2019 and 07.05.2020 2 MCRC-35410-2020 amounting to Rs. 46,743/- in her account maintained in Canara Bank from the account of Zivaya Wellness Company from his HDFC Bank account. She had no knowledge about such clandestine transfer by main accused Manish Gupta. Apart from such transfer, there has been routine transfer of funds in her account by her husband for meeting day-to-day expenses. In any case, she has already deposited entire amount in the company's account on 16.07.2020. The applicant is innocent. and has small baby in hand. She has no criminal antecedents. She is no more required for custodial investigation and therefore, the applicant may be protected against arrest on such terms and conditions this Court deems fit and proper.
P er contra, learned Panel Lawyer opposes the bail application and supports the order impugned inter-alia contending that it is a case of fraud and misrepresentation. The main accused Manish Gupta has transferred huge amount in different accounts from the account of Zivaya Wellness Company. Applicant is one of the beneficiary of such clandestine transfer effected by Manish Gupta misusing his position as Accountant causing substantial loss to the company. No exception can be taken only for the reason that she is a lady. Therefore, there is prima-facie evidence against the applicant. Therefore, applicant is not entitle for protection against arrest.
S h r i Prateek Maheshwari, learned counsel for the complainant vehemently opposes the application with the submission that the applicant is very much party to such clandestine transfer of fund of company's account to series beneficiaries including herself and main accused Manish Gupta. It is a case of fraud, misrepresentation and mistrust. Therefore, no case at all is made out to protect the applicant against arrest.
At this stage, learned counsel for the applicant on instructions submits that in the similar circumstances, one -Pinky has been granted anticipatory bail on 08.09.2020 vide MCRC No.27759/2020 by this Court. As such benefit may be extended to the applicant. Further, the applicant is willing to deposit an amount of Rs.50,000/- (Rupees Fifty Thousand only) in the office of 3 MCRC-35410-2020 Jila Bal Sanrakshan Samiti, Indore (Account No.911020007267684 Axis Bank IFSC code UTIB0000503) to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanage in the District, physically challenged persons and also to such persons who have lost their means of livelihood during the pandemic Covid- 19 and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail.
Upon hearing learned counsel for the parties but without commenting upon contentions so raised by the parties, regard being had to the fact that applicant is a lady with small baby in hand with no criminal antecedents and the applicant is not required for further custodial interrogation and moreover, she has already deposited an amount of Rs.46,743/-, applicant is to be protected against arrest.
Accordingly, the instant application is allowed and it is directed that in the event of arrest, applicant be released on bail on furnishing personal bond in the sum of Rs.2,50,000/- (Rs. Two lakhs fifty thousand only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-
(i)the applicant shall prepare a demand draft of an amount of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911020007267684 Axis Bank IFSC code UTIB0000503) to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanage in the District, physically challenged persons and also to such persons who have lost their means of livelihood during the pandemic Covid- 19 and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail.
(ii)(a) the applicant shall submit the aforesaid original demand draft alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in 4 MCRC-35410-2020 his safe custody.
(ii)(b) The Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(iii) the investigating officer shall take prompt action to arrest the applicant upon default of failure of compliance of the aforesaid condition of deposit of Rs. 50,000/-.
(iv) failure of compliance of this condition shall automatically lead to cancellation of anticipatory bail of the applicant without further reference to the Court.
(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from timeto- time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(v) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;
(vi) violation of any of the conditions, State is free to apply for cancellation of bail.
At this stage, Shri Maheshwari submits that so far main-accused Manish Gupta has not been arrested. Ms. Poorti Tiwari, CSP and I/O Shri Mahadev Singh Bhadoriaya submit that all efforts have been made to arrest the main accused. The I/O has also gone to his native place, State of Uttar Pradesh. However, no clue of his whereabouts were found. Nevertheless, farari Panchnama has been issued and all possible efforts have been made to arrest to him.
During course of the hearing, it is suggested that the police shall use 5 MCRC-35410-2020 social print and electronic media for the said purpose.
Ms Poorti Tiwari, CSP fairly submits that she shall consider the same in consultation with the superior officer and all possible actions shall be taken as permissible in law at the earliest.
Compliance thereof of this Court shall be submitted before the Principal Registrar in the form of memo.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE Vibha Vibha Pachori 2020.11.11 18:02:33 +05'30'