Madhya Pradesh High Court
Vikash Tiwari vs The State Of Madhya Pradesh on 5 September, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 5 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 33778 of 2023
BETWEEN:-
VIKASH TIWARI S/O SHRI PUSHPENDRA TIWARI, AGED ABOUT
30 YEARS, OCCUPATION: BUSINESS VILLAGE JIULA POLICE
STATION CITY KOTWALI, DISTRICT- REWA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI GOPAL SINGH BAGHEL-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE STATION
AMAHIYA DISTRICT- REWA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI N. S. SOLANKI-PANEL LAWYER)
T h is application coming on for admission this day, t h e cou rt passed the
following:
ORDER
This first bail application has been filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.269/2022 dated 15.07.2022, registered at Police Station - Amhaiya, District - Rewa for commission of offence under Sections 420, 409, 467, 468, 471, 109 & 120-B of IPC. Applicant is in detention since 04.07.2023.
2 . As per the prosecution story, on 13.5.2022 Amit Pandey, Area Head of Manappuran Finance Limited, Branch Rewa, filed an application alleging that Mannappuran Finance Co. Ltd. is a non-banking Finance Company having more than 3500 Branches all over India. It was further alleged that in a Branch run at Dabhaura District Rewa, when Kamal Nayan Mishra was the Branch Manager of the Company, Signature Not Verified Signed by: BIJU BABY Signing time: 9/6/2023 4:58:41 PM 2 one customer Sushil Kumar Pandey was given facility of locker. Kamal Narayan Mishra and Sushil Kumar Pandey were very well acquainted with each other. On 4.6.2021 customer Sushil Kumar Pandey came to enquire about his gold. The then Branch Head Sumesh, Assistant Branch Head Sudeep Tripathi and House Keeping Assistant Sunita Yadav along with Kamal Nayan Mishra prepared a dummy pledge for an amount of Rs.1000/- just to assure the customer that his gold is available in the Branch. After issuance of dummy pledge, new ticket was issued and was terminated within one hour of leaving of Bank by the customer. On 18.4.2022 Sushil Kumar Pandey again came in the Branch. The then Branch Head Om Narayan Singh Tiwari found that no gold is available in his account. At this, when a call was made to Kamal Nayan Mishra, he came and informed that he has deposited Sushil's gold in different accounts and gave one promissory note to the customer. He also issued cheques bearing Cheque No.181557 and 181558. Cheques were worth Rs.10 Lacs. In verification it was found that Kamal Nayan Mishra alongwith other officials of branch while preparing dummy pledge had deposited the gold of the customer Sushil in four different accounts and withdraw the amount and used the same for his own benefit. As customer was not ready to lodge any complaint, complaint could not be filed well in time. It is further alleged that Kamal Nayan Mishra has fraudulent he taken a gold loan of Rs.12,55,714/- and three pledges are made which are in the name of Vikash Tiwari, Hemant Mishra and Kamal Nayan Mishra. Thus, Kamal Nayan Mishra along with other accused had committed cheating and forgery with the Company and has embezzled aforesaid amount of money. FIR was registered. In course of investigation, it was found that customer Sushil Kumar Pandey by taking a loan of Rs.1000/- deposited 362.600 gm gold in form of 12 bangles, 4 necklace, 01 chain, 2 finger rings and drops and studs. His gold was settled on the same day by the then Branch Manager in collusion with Kamal Nayan Mishra and on 26.4.2022 a loan of Rs.2,45,749/- was given to one Hemant Mishra and four bangles of Sushil Signature Not Verified Signed by: BIJU BABY Signing time: 9/6/2023 4:58:41 PM 3 Kumar Pandey was pawned. On 18.5.2021 loan of Rs.2,14,744/- was given to Hemant Mishra and against that amount one necklace of 67.700 gms was pawned against loan and one loan was given to the present applicant Kamal Nayan Mishra of Rs.3,20,271/- on 24.5.2021 against which two bangles and two necklace of 98.600 gms were pawned. As such all the three loans were issued by committing forgery by making forged signature and fake and false photographs. Vikas Tiwari was also given a loan of Rs.4,68,121/- on 21.4.2022 and against this 06 gold bangles, one necklace, two gold chain, 02 finger rings, 08 drops and studs of customer Sushil Kumar Pandey were shown to be pledged. It is further alleged that earlier present applicant Kamal Nayan Mishra has worked as a Branch Manager in the Branch and he by committing breach of trust, cheating about the gold kept by Sushil Kumar Pandey had misappropriated the aforesaid amount.
3 . Learned counsel for the applicant has submitted that applicant h a s not committed any offence. He is innocent. He has been falsely implicated. He has no knowledge about the offence committed by his brother-in-law Kamal Nayan Mishra. He never informed him about taking of any loan or operating any account in his name. The offence is committed by Kamal Nayan Mishra and not by him. He has been made accused only on the basis of memorandum. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail, pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.
5. Applicant is the brother-in-law (loser) of the main accused. The main allegations are against Kamal Nayan Mishra. Therefore, having taken into consideration the submissions putforth by learned counsel for the applicant and facts and circumstances of the case including detention period of the applicant, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this first Signature Not Verified Signed by: BIJU BABY Signing time: 9/6/2023 4:58:41 PM 4 bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . I t is directed that applicant - Vikash Tiwari be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 9/6/2023 4:58:41 PM