Piyush Tiwari vs State Nct Of Delhi
2023 Latest Caselaw 3977 Del

                          $~

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                 Reserved on: September 21, 2023
                                                           Date of decision: October 04, 2023

                          +     BAIL APPLN. 2815/2023 & CRL.M.A. 22678/2023

                                PIYUSH TIWARI                                  ..... Petitioner
                                                   Through:     Mr.    Anurag           Kumar,
                                                                Advocate.

                                                   V


                                STATE NCT OF DELHI                            ..... Respondent
                                                   Through:     Mr. Utkarsh, APP for State
                                                                with SI Manoj Tomar and SI
                                                                Kavita, P.S. Mayur Vihar,
                                                                Phase-1.

                          CORAM
                          HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

                          JUDGMENT

1. The petitioner filed the present application for grant of interim

bail under section 439 read with section 482 Cr.P.C in FIR bearing

no. 0327/2016 registered under sections 420/406/34 IPC at P.S.

Mayur Vihar, Phase-1.

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2815/2023 Page 1 15:54:44

2. It is stated in the application that the petitioner is aged about 43

years and is not a habitual offender. The petitioner has been granted

interim bail in seven identical FIRs vide order dated 07.03.2023 and

was granted regular bail vide order dated 10.03.2023 in FIR bearing

no. 0007/2017 lodged at P.S. EOW, FIR bearing no.0307/2017

lodged at P.S Krishna Nagar and FIR bearing no. 0292/2016 lodged

at P.S. Anand Vihar. The petitioner is the sole caretaker of his mother

besides being the only earning member in the family. The mother of

the petitioner requires urgent medical surgery. The petitioner has

already been separated from his wife and the married sister of the

petitioner stays in Lucknow, as such, it is not possible for her to

travel back and forth to Delhi to take the mother of the petitioner to

the hospital. It is prayed that the petitioner be admitted on interim

bail for a period of 30 days so that the petitioner can facilitate/arrange

for the surgery of his mother.

3. The Additional Public Prosecutor for the respondent/State

stated that the present FIR was got registered on the basis of

complaint made by Sanjay Kumar Dadwal and multiple FIRs have

been registered against the petitioner and the company and the

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2815/2023 Page 2 15:54:44 petitioner was found indulging in cheating amounting to almost

Rs.1000 crores on the pretext of giving flats in Shubhkamna City and

Shubhkamna Homes. The petitioner was formally arrested on

29.06.2022 in the present case. The charge sheet has already been

filed and supplementary charge sheet is also proposed to be filed in

the present case. The petitioner was declared a proclaimed offender

in other cases and was arrested from Nasik, Maharashtra. There is

every apprehension that the petitioner may abscond and may evade

the trial in the cases in which he is involved. The medical documents

pertaining to the mother of the petitioner have been verified and as

per the report received from Neuberg Diagnostics, the mother of the

petitioner has visited the said centre on 09.07.2023 and was having

problems related to liver enzymes as per the verification report.

However, no date is fixed for the operation and treatment of the

mother of the petitioner. The petitioner is also having two sisters who

are married and were found to be present at the house of the

petitioner on 19.09.2023. The statement of the sister of the petitioner

namely Shraddha Tiwari was also recorded wherein, she stated that

she keeps coming to take care of her ailing mother from her in-laws

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2815/2023 Page 3 15:54:44 house situated in Lucknow and a maid was also found there who

takes care of the mother of the petitioner in her absence. It is

mentioned that the bail application is accordingly opposed.

4. The counsel for the petitioner argued that the mother of the

petitioner needs urgent medical attention. The FIR bearing no.

0164/2017 registered at P.S. Vikas Puri has already been quashed

vide order dated 20.09.2022 in criminal MC bearing no. 4984/2019

passed by this court. The counsel for the petitioner also referred

various orders whereby the petitioner was granted regular

bail/interim bail in different FIRs and prayed that the interim bail be

granted.

5. The petitioner is found to be involved in multiple FIRs and is

alleged to be the accused involved in allegations of cheating

amounting to almost Rs.1000 crores. The petitioner was stated to

avoid the investigation for 04 years and was declared a proclaimed

offender in different FIRs. The petitioner was arrested from Nasik,

Maharashtra. The family of the petitioner comprises two sisters who

are capable of taking care of the mother of the petitioner.

6. Keeping in view the totality of the circumstances, no ground

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2815/2023 Page 4 15:54:44 for grant of bail is made out. Hence, the bail application is dismissed.

DR. SUDHIR KUMAR JAIN (JUDGE) OCTOBER 04, 2023 Sk/sm/ak

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2815/2023 Page 5 15:54:44