Madhya Pradesh High Court
Shobha Bai vs The State Of Madhya Pradesh on 17 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:1325
1 MCRC-49307-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 17th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 49307 of 2024
KESHAR SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akash Sharma, learned counsel for the applicant.
Shri Mukesh Parwal, learned Government Advocate for the
respondent / State.
WITH
MISC. CRIMINAL CASE No. 51888 of 2024
SHOBHA BAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav, learned counsel for the applicant.
Shri Mukesh Parwal, learned Government Advocate for the
respondent / State.
ORDER
These are the repeat (third) applications filed by the applicants –
Keshar Singh & Shobha Bai respectively under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with FIR /
Crime No.180/2023 registered at Police Station – Bagli, District – Dewas for
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-01-2025
12.22.37 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:1325
2 MCRC-49307-2024
commission of offences punishable under Sections 420, 467, 468, 409, 120-
B of the Indian Penal Code & Section 13(1)(A) of the Prevention of
Corruption Act. The applicants are in custody since 05.10.2023.
02. Prosecution story in short is as under:-
2.1. FIR No.180/2023 was registered on 26.04.2023 on a letter dated
25.04.2023 against Vijay Shankar Tripathi, Rohit Dubey and Keshar Singh
Parmar, Principal of Government College, Bagli under Section 420, 467,
468, 409 and 120-B of the IPC on a complaint made by Neha Kalchuri,
Senior Treasury Officer, according to which in the year 2020 – 2021,
suspicious transaction of amount of Rs.95,68,945/- was made from the
account of Vijay Shankar Tripathi, Assistant, Grade – III from his personal
account.
2.2. The matter was taken into enquiry by Smt. Shushma Thakur,
Divisional Joint Director, Treasury & Account along with the team and a
preliminary report was filed that there is total transaction of an amount of
Rs.2,51,11,489/- from four suspicious bank account. Accordingly, an FIR
was registered initially against aforesaid three persons. Thereafter, a detailed
report was submitted, in which the role of Rohit Dubey, Assistant, Grade – III
was also found in the aforesaid transaction. An amount of Rs.80,00,000/-
was deposited in the account of Shobha Bai and the same was withdrawn by
the vouchers.
2.3. The investigation further reveals that the aforesaid
misappropriation has been done through IFMIS Software by taking the ID
and password of others. Initially, charge-sheet was filed against Vijay
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-01-2025
12.22.37 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:1325
3 MCRC-49307-2024
Shankar Tripathi, Rohit Dubey, Keshar Singh Parmar, Principal and Shobha
Bai on 23.07.2023. Thereafter, the supplementary charge-sheet was filed on
17.12.2023 by impleading Uma Maheshwari, Deputy Treasury Officer,
Deepali Jadon, Raja Mahant and Vivek Sonkar. who have still not been
arrested. Vijay Shankar Tripathi and Rohit Dubey are in custody since
26.04.2023 and Shobha Bai & Keshar Singh were arrested on 05.10.2023.
2.5. The charges have been framed against Keshar Singh that ”during
the period 2019 – 20 & 2021 – 22, while being posted as Principal in late
Kailash Joshi Government College, Bagli, District – Dewas under Police
Station – Bagli Area, your along with other co-accused entered into a
conspiracy and prepared a forged bills / vouchers of the concerned Lecturers
to illegally obtain the amount of TA / DA, House Rent, Salary / Arrears and
presented before the Sub Treasury, Bagli, District – Dewas and deceived and
induced the competent authority to the said Department to pay the said
amount on the basis of said forged bill, and accordingly, dishonestly obtained
total amount of Rs.2,51,11,489/-, thus committed an offence under Section
420 r/w 120-B of the IPC”. The charge under Section 467 of the IPC has also
been framed against this applicant.
03. Learned counsel appearing for applicant – Keshar Singh submits
that none of the amount came into the account of this applicant. He has been
made accused only on the basis that he was the Principal and he never forged
any documents. The main accused are Vijay Shankar Tripathi and Rohit
Dubey, who are in custody.
04. Learned counsel appearing for applicant – Shobha Bai submits
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-01-2025
12.22.37 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:1325
4 MCRC-49307-2024
that though huge amount of Rs.83.69 lakh came into her account and the
same was withdrawn by way of 23 withdrawal, but she did not receive any
amount. Her account was used by Rohit Dubey and Vijay Shankar Tripathi.
She is an illiterate lady working in the college, and she was not aware that
her account is being illegally used by these persons for their own benefits.
Vijay Shankar Tripathi and Rohit Dubey have purchased gold ornaments and
properties from the said amount which have been seized.
05. It is further submitted that both the accused are in jail since
05.10.2023, investigation has been completed, charge-sheet has been filed
and conclusion of trial will take time. Being the Government employees they
are going to flee. No further custodial interrogation is required.
06. So far as applicant – Shobha Bai is concerned, she has been
working as a Class – IV employee on the post of Sweeper and her bank
account was used by the co-accused only for deposit and withdrawal, there is
no recovery from her and bills were not forged by her, therefore, her further
custody is not required, hence, she is entitled for bail. Accordingly, M.Cr.C.
No.51888 of 2024 filed on behalf of applicant – Shobha Bai stands allowed.
07. Applicant – Shobha Bai is directed to be released on bail upon
his furnishing his personal bond of Rs.50,000/- (Rupees Fifty Thousand
Only) with a solvent surety of the like amount to the satisfaction of the trial
Court with a condition that he shall mark presence before the concerned trial
Court during pendency of the trial as and when directed. The applicant shall
also abide by the condition enumerated under Section 480(3) of the BNSS.
08. So far as applicant – Keshar Singh is concerned, from 2019 to
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-01-2025
12.22.37 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:1325
5 MCRC-49307-2024
2022, he was posted as Principal, he was enjoying the drawing and
disbursement power and under his control Vijay Shankar Tripathi and Rohit
Dubey were working. Therefore, he was in conspiracy with them otherwise
this crime would not have been committed, hence, he is not entitled for bail
at this stage. Four other accused persons have not been arrested till date.
09. Accordingly, M.Cr.C. No.49307 of 2024 filed on behalf of
applicant – Keshar Singh stands dismissed.
Let a signed copy of this order be kept in the connected M.Cr.C. also.
Certified copy, as per Rules.
(VIVEK RUSIA)
JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-01-2025
12.22.37 PM
[ad_1]
Source link