JUDGEMENT
Rohit Arya,J. -
(1.)Ms. Poorti Tiwari, CSP and I/O Mahadev Singh Bhadoriya, ASI, PS Choti Gwaltoli, Indore are present before this Court.
Heard through video conferencing.
This is the first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 30.07.2020 in connection with Crime No.108/2020 registered at P.S., Chhotigwaltoli, District Indore, for offence punishable under Section 420, 408 and 120-B IPC.
(2.)As per the prosecution story, applicant while working as accountant in the complainant's establishment known as Zivaya Wellness Pvt. Ltd.; a health clinic, had misappropriated a handsome amount of the company in active connivance and collusion with the main accused Manish Gupta. Startling amount of misappropriation and embezzlement is to the tune of Rs.47,52,450/-. Under such circumstances, a FIR has been lodged against number of persons working with the company or the relatives of the main accused in whose account gradually substantial amount has been credited in due course of time. Applicant is also one of the beneficiaries in whose account, the main accused Manish Gupta has transferred as much as Rs.3,60,566/- approximately. Accordingly, case has been registered against the applicant.
(3.)Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan has been filed. No further custodial investigation is required. The applicant is an employee of Vardhman Traders Cotton merchent and has received salary of Rs.20,000/- per month. The applicant is nothing to do with the alleged embezzlement. He is sole bread earner of the family and his family is on the verge of starvation due to jail incarceration. The applicant has already suffered jail incarceration since 30.07.2020. The co-accused - Rammurti has been enlarged on bail by this Court vide order dated 13.10.2020 in MCRC No.38076/2020. Due to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.