Piyush Tiwari vs State Nct Of Delhi
2023 Latest Caselaw 3982 Del

Citation : 2023 Latest Caselaw 3982 Del
Judgement Date : 4 October, 2023

Delhi High Court

Piyush Tiwari vs State Nct Of Delhi on 4 October, 2023

                          $~

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

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

                          +     BAIL APPLN. 2814/2023 & CRL.M.A. 22676/2023

                                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. 0197/2018 registered under section 420 IPC at P.S. Mayur Vihar,

Phase-1.

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2814/2023 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 Arun Jain and multiple FIRs have been registered

against the petitioner and the company and the petitioner was found

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2814/2023 Page 2 15:54:44 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 house

Signature Not Verified Digitally Signed By:JITENDRA Signing Date:06.10.2023 BAIL APPLN. 2814/2023 Page 3 15:54:44 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