Amit Tiwari vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant â€" Amit Tiwari S/o Piyush Tiwari is implicated in Crime

No.1077/2019 registered at Police Station â€" Vijay Nagar, District Indore for the offence punishable under Sections 406, 408 and 34 of IPC and he is

in custody since 08.11.2019.

As per prosecution story, applicant worked as Captain in Sayaji Hotel at Indore. The complainant Sanjay Thakur posted as a Security & Liasoning

Manager in the same hotel made a written complaint along with documents in police station Vijay Nagar, Indore on 04.11.2019, in which it has been

stated that in the audit report, number of irregularities were detected and on questioning, needle of suspicion turned upon the present applicant and

three other accused persons, who were employees in the same hotel namely, Anil Sawale, Satyaveer Singh and Suman Choudhary.

The present applicant and other accused persons were questioned and it was found that the applicant and other co-accused persons had hatched a

conspiracy to syphon off the money from the accounts of the hotel. The main protagonist of this conspiracy was co-accused Anil Sawale whose

modus operadi was that he, after receiving the cash amount from the customers, would resettle the bill and would adjust the cash bill with other such

customers who made payments through card and he would not generate the bill of such second customers who had made payments through card and

the main bill pertaining to cash would not be generated in respect of the first customer and would not be deposited in the accounts department and that

bill, as already explained, would be resettled in respect of the second customer. The total amount thus syphoned off amounted to more than Rs.21.00

lacs.

On the basis of such written complaint, the investigation process was initiated and charge-sheet under Sections 406, 408 and 34 of IPC has been filed

against the applicant and other co-accused persons.

Learned counsel for the applicant submits that charge-sheet has since been filed, that case is triable by the JMFC and that he has been falsely

implicated in the alleged offence.

Learned Public Prosecutor for the State was also heard who has opposed the bail application and has submitted that the applicant should also be asked

to deposit cash amount to the extent as his share of defalcation.

To this, learned counsel for the applicant has submitted that there is no evidence to show that present applicant was involved in any manner and the

name of the applicant has been taken by the co-accused, in order to implicate his falsely.

Considered rival contentions.

Perusal of case diary shows that present applicant has also deposited Rs.1,00,000/- as part payment of his own liability. In his memorandum recorded

under Section 27 of the Evidence Act, the applicant has admitted to have conspirated with other co-accused persons.

In view of the fact that the main conspirator was co-accused Anil Sawale, it would not be appropriate to direct the present applicant to deposit money

to the same extent as that of co-accused Anil Sawale.

After considering the submissions, mainly those advanced by the learned counsel for the applicant to the effect that charge-sheet has been filed, that

case is triable by JMFC and further that the case is not likely to be concluded in very near future, it would be proper to grant bail to the applicant. On

due consideration of the aforesaid circumstances, without commenting upon the merits of the case, I allow this bail application and it is directed that

the applicant â€" Amit Tiwari shall be released on bail subject to his depositing Rs.2,00,000/-(Rupees Two lacs only) before the Trial Court in the form

of FDR and the certificate shall be in the custody of the Trial Court and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

thousand only) with one local surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance

before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that

the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.8134/2020 is allowed and stands disposed of Certified copy as per rules.