Rajasthan High Court
Jai Singh Tanwar S/O Sh. Ram Singh ... vs The State Of Rajasthan on 16 June, 2021
Bench: Chandra Kumar (V.J.)
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 9219/2021
Jai Singh Tanwar S/o Sh. Ram Singh Tanwar, Aged About 32
Years, Resident Of Plot No. 13, Ganeshpuri Colony, Rawal Ji Ka
Bandha, Khatipura Raod, Near KV-4, Jaipur (Rajasthan) (At
Present Lodged In Central Jail, Alwar)
----Petitioner
Versus
The State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vivek Goyal, Advocate (through
video conferencing)
Mr. O.P. Solanki, Advocate (through
video conferencing)
For Respondent(s) : Mr. S.S. Mahla, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA (V.J.)
Order
16/06/2021
This 2nd bail application has been filed under Section
439 Cr.P.C. in connection with FIR No. 228/2019 registered at
Police Station Kotwali Alwar, District Alwar for the offences under
Sections 420, 409 & 120-B of IPC and Sections 66C & 43(e)/66 of
the Information Technology Act, 2000.
Learned counsel for the petitioner submits that the
petitioner was arrested on 03.02.2021 and the charge-sheet has
been filed. He further submits that the FIR was registered in the
year 2019 and there is no evidence available on record to show
that any transfer of money was made by the petitioner and the
petitioner is not beneficiary in any manner. He further submits
that the petitioner has not committed any misappropriation of
(2 of 3) [CRLMB-9219/2021]
money related to the bank. Inquiry Officer has mentioned in his
report that the amount, which was transferred by the petitioner,
has been deposited. Case of the petitioner is on better footing
from the co-accused Bhupendra Gaur whose bail application has
been granted by the Co-ordinate Bench of this Court in S.B.
Criminal Misc. 2nd Bail Application No.6041/2021 vide order dated
07.05.2021. During the period 2014 to 2018 the aforesaid co-
accused embezzled money of bank amounting
Rs.1,16,03,177.94/-. After this fact came into his notice he
deposited Rs.23 lakhs in the bank. Petitioner has misappropriated
Rs.5 lakhs. After the said fact came into his notice he deposited
the aforesaid amount with the bank. Petitioner is only a banking
assistant. So far as, co-accused Ankit Sharma is concerned, he
was manager of the bank and misappropriated a sum amounting
to Rs.5,34,56,896.29/- and inquiry officer in his evidence has
stated that embezzled money was divided between accused-
Bhupendra Gaur and Ankit Sharma at ratio of 40% & 60% and as
per evidence as available on record. Hence, the accused-petitioner
may be released on bail.
During the course of arguments, learned counsel for
the petitioner has placed reliance on the judgment passed in the
case of Sita Ram Vs. State of Rajasthan reported in RLR
1993(1) Rajasthan 335 and in the case of Sanjay Chandra Vs.
Central Bureau of Investigation reported in 2012 Crl.L.J. 702
Supreme Court.
Learned Public Prosecutor has strongly opposed the bail
application.
(3 of 3) [CRLMB-9219/2021]
Heard learned counsel for the parties and perused the
material available on record.
First bail application of the petitioner was dismissed by
this Court vide order dated 17.05.2021 after filing of the charge-
sheet and since then there has been no change in the facts and
circumstances of the case. During the course of arguments, the
aforesaid judgments relied upon by the learned counsel for the
petitioner has failed to advance the case of the petitioner at this
stage. Therefore, looking to the above facts and circumstances
and gravity of the offence; but without expressing any opinion on
the merits/demerits of the case, this court deems it not proper to
release the petitioner on bail.
Hence, the 2nd bail application of the petitioner is
hereby dismissed.
(CHANDRA KUMAR SONGARA (V.J.)),J
Ashish Kumar/9
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