Madhya Pradesh High Court
Rakesh Tiwari vs Union Of India on 19 January, 2015
M.Cr.C. No.63/2015
19.01.2015
Shri Anil Khare, Sr. Advocate with Shri H.S. Chhabra,
Advocate for the applicant.
Shri J.K. Jain, Advocate for respondent/CBI.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 24.12.2014 in connection with Crime No.0092014A0007 registered at P.S. C.B.I., ACB, District Jabalpur for the offence punishable under Sections 120-B, 420, 468, 471, 477 I.P.C. and Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
As per prosecution, it is alleged that applicant being clerk of SECL, Khaurah underground mine, situated at Shahdol District, he fraudulently entered into a conspiracy with other co-accused persons and prepared the data input sheet and a sum of Rs.7,00,150/- said to have been transferred in his account. It is further alleged that a sum of Rs.4,93,236/- said to have been transferred in the account of other co-accused persons, out of whom, one person is his son Rishab Tiwari.
Learned counsel for the applicant has submitted that he has not prepared the data input sheet. It is further submitted that it was came to the notice of this fact that Rs. 7,00,150/- has found in his account, he immediately deposited the same amount in the SECL. It is further submitted that charge sheet has already been filed. Nothing is required to be seized from his possession. The trial would take considerable time to conclude and, therefore, it is prayed that the applicant be released on bail.
Learned counsel for the SECL has submitted that about 3,50,000/- has been transferred in the account of his son, therefore applicant is responsible and prays for dismissal of this petition.
Considering the facts and circumstances of the case and the fact that charge sheet has already been filed and the applicant is ready to deposit 50% of the amount under protest, subject to outcome of the criminal case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail subject to his depositing 50% of the amount, i.e., Rs.1,75,000/- under protest in the account of SECL, Shahdol, showing the receipt of the same and on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge gn