Virbhadra Vikram Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 142 OF 2022 Virbhadra Vikram Singh ..Applicant VS.

The State of Maharashtra ..Respondent Ms. Anjali Patil for the Applicant.

Mr. S. H. Yadav, APP for the State.

API P.V. Bhosale, Wadala T.T. Police Station is present. CORAM : M. S. KARNIK, J.

DATE : JANUARY 13, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicantVirbhadra Vikram Singh in connection with C.R. No. 272 of 2021 dated 03/06/2021, registered with Govandi Police Station, under sections 408 and 381 of the Indian Penal Code, 1860.

3.

The First Information Report ("FIR" for short) was registered on 03/06/2021. The applicant was arrested on 25/07/2021 and has suffered imprisonment of more than 1 1/4

year and 6 months. Briefly stated, it is the case that the applicant helped the accused no. 1- Rohit in transferring money from the salary account of the employees to the account of accused no. 1. Learned APP invited my attention to the materials on record to indicate that the emails were manipulated by the applicant and he was actively involved in assisting the accused no. 1. An amount of Rs.1,58,59,055/- was transferred to the account of accused no. 1. Misappropriated amount belonged to the employees. The accused no. 1 allegedly transferred an amount of Rs. 2,07,000/- to the applicant's account. It is further alleged that the applicant is a beneficiary to the extent of Rs.2,07,000/- apart from assisting the main accused no. 1. It is contended by the learned counsel for the applicant that even this amount of Rs.2,07,000/- was utilised by the accused no. 1.

4.

Nonetheless, learned counsel on instructions, submitted that to show his bonafides the applicant is willing to deposit a sum of Rs.2,07,000/- with the trial Court within a period of 2 months from the date of his release on bail. Statement accepted as an undertaking to this Court. The 2/4

investigation is complete and the charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Considering the role of the applicant and the period of custody that the applicant has undergone coupled with the nature of the accusations, the applicant could be released on bail. Hence, the following order. : ORDER :

(a) Applicant- Virbhadra Vikram Singh shall be released on bail in connection with C.R. No. 272 of 2021 dated 03/06/2021, registered with Govandi Police Station, on furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(b) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. 3/4

(e) The applicant shall report to the concerned Police Station once in a month i.e. on the first Monday of every month between 11.00 a.m. and 1.00 p.m.

(f) The applicant shall deposit the amount of Rs.2,07,000/- with the trial Court without prejudice, within a period of 8 weeks from the date of his release on bail. Any default will entitle for cancellation of bail.

5.

The Bail Application is disposed of.

(M. S. KARNIK, J.) 4/4