Atish Gaikwad v. State of Haryana

HARSH BUNGER, J.

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure before this Court seeking anticipatory bail in case FIR No.755 dated 16.08.2022, registered under Sections 420, 406 and 120-B of the Indian Penal Code, 1860, at Police Station Camp Palwal, District Palwal (Haryana) (Annexure P-1).

The above-said case FIR has been registered on the complaint made by one Vipin Kumar Dhamija, proprietor of `KMR Transport', who has stated that he is running the business of transport through his trucks and they had appointed one person namely, Manjit Singh as Manager in their firm, who has been hired through `AIS Technolabs Pvt. Ltd. Recruitment Agency' on the salary of Rs.44,000/- per month. It is stated that said Manjit Singh used to run business from their office in Palwal. It is stated in the complaint that the transport business involved scheduling of their vehicles for work taken on rent; to receive payment in respect of the vehicles and also to give payment to

the vehicles taken on rentand this entire work was being done by Manjit Singh from his firm. The allegations made in the complaint reads as under :-

"That for some time, he worked very well but one day in November 2021, call comes from Kumar Precision Private Limited, Bahadurgarh that Manjit Singh has taken the vehicle on rent and not did the payment and also told that he is not answering call when called. On which we doubted and checked our bank account, then we came to know that the vehicles have been taken on the name of Space Logistics and their rent also went in the account of Space Logistics. When we talked with Space Logistics, then they told that Manjit Singh said to them that the trucks which he has taken on rent, he has done the payment of that trucks by himself because his owner has shortage of money and therefore, the money which I have sent to you in the name of KMR Roadlines, transfer that money in my account and by this way, the money which Manjit Singh had to pay to Precision Private Ltd., he has transferred that money in the account of Space Logistics and later on transferred in his account by doing fraud and by this way, he has committed fraud and breached us and Space Logistics. That after the aforesaid incident, our doubt on Manjit Singh gets deeper and we started searching the accounts of our firm, then the works which have been done by Manjit Singh through our firm, we enquired regarding them that from which firm we have to get how much money. That the amount which has been pending towards the following firms is as follows :- 1. Satguru Transport Company, Rudrapur Rs.31,581/-,

¶2Abhi Roadlines, Meerut Rs.79,025/-,

¶3Malik Roadlines, Aligarh-Rs.30,435/-,

¶4Munjal Transport, Rudrapur Rs.70,811/-, 5. U.P. Haryana, Rudrapur Rs.50,823/-, 6. Triveni Transport, Sataria Rs.23,500/-, 7. Luxmi Plywood, Nangloi, Delhi Rs.39,923/-, 8. Rent of Truck Number – Rs.37,000/-, 9. Ashu, Yamuna Nagar-Rs.25,000/-. Apart from this, Rs.41,000/- and one Laptop is also with Manjit Singh. When we talked with the aforesaid firms regarding money, then we came to know

from these firms that Manjit Singh has already taken all the money by doing calculation and he has transferred some amount in his account and some amount in cash has been given to the person namely Inderjit Singh. That on

20.01.2022, call comes from Rivigo Service Private Limited, near to our firm, that their amount of Rs.3,60,000/- is pending towards us and regarding this, when we have taken the details of our office of the firm, then came to know that the aforesaid Manjit Singh has sent the aforesaid amount in the account of Atish Dalip Gaikwad in Kotak Mahindra Bank and Manjit Singh has done the fake action on the cheque of Atish Dalip Gaikwad and edited Rivigo Service Pvt. Ltd. on it and sent to us through whatsapp and also by this way, he has also done forgery with the aforesaid payment by not sending it to the Rivigo Service Private Limited and sent it to his own person Atish Dalip Gaikwad and embezzled this amount in collusion with him. By this way, he has committed fraud and forgery by taking the vehicles on rent and transferred the money in the account of the person namely Brijesh Kumar Maurya and misused the letter pads of our firm by showing the pending balance of Rs.70,000/- for Diesel from Aurangabad Petrol Pump towards firm. In this way, Manjit Singh, his brother Inderjit alias Jaggi, Atish Dalip Gaikwad and Brijesh Maurya in connivance with each other with the planned conspiracy caused very much economic loss to us by doing fraud, breach of trust and forgery of documents and many more persons with him are also involved in this conspiracy. That Manjit Singh went to Mumbai by committing fraud and embezzling lot of money with our firm and he also stopped picking our phone. His brother Inderjit alias Jaggi and Atish Dalip Gaikwad are also involved in this fraud. Because lot of money of the firm has been embezzled by Inderjit, Manjit Singh and Atish Dalip Gaikwad in connivance with each other. Therefore, it is requested before you that Manjit Singh, Inderjit alias Jaggi, Atish Dalip Gaikwad, Brijesh Maurya and other persons along with them committed crime with the applicant with the planned conspiracy by doing fraud, breach of trust and forging the documents and embezzled the amount of the applicant, strict legal action should be taken against them regarding this." o o Apprehendingo arresto ino thiso case,o theo presento petitionero approachedo theo Courto ofo Additionalo Sessionso Judge,o Palwal,o seekingo anticipatoryo bail;o however,o theo sameo waso rejectedo video ordero datedo !" #"$#$$o%Anne&ureoP'$("oAccordingly,otheopetitionerohasofiledotheoinstanto petitionobeforeothisoCourtoseekingoanticipatoryobail" Learned counsel for the petitioner has submitted that the petitioner is working in some other transport company and on one day, his employer had asked him for a favour that due to some technical error, his friend Manjit Singh's account was not working and accordingly, asked the petitioner to accept some payment from `KMR Transport Company', wherein Manjit Singh was working and thereafter to transfer the said amount to the account of Manjit Singh. Learned counsel has submitted that on the asking of his employer, the petitioner did the same and transferred the amount through different transactions to Manjit Singh's account; which has shown in the petitioner's statement (Annexure P-4). Learned counsel for the petitioner further states that the petitioner is not the beneficiary of the amount alleged in the complaint/FIR and it is the main accused-Manjit Singh, who is responsible for the said transaction. Learned counsel has submitted that the petitioner has no concern with the allegations levelled in the FIR and he is ready and willing to join investigation as and when required by the Investigating Agency and accordingly, prayer for grant of anticipatory bail has been made. Per contra, learned State counsel has opposed the prayer for anticipatory bail to the petitioner on the ground that serious and grave allegations have been made in the FIR and Manjit Singh had mis-appropriated the amount through the account of the petitioner, not on one occasion but on severalooccasionsoandojustificationosoughtotoobeogivenobyotheopetitionerothatoheo hadodoneosooatotheoinstanceoofohisoemployer,odoesonotoinspireoconfidenceoaso evenotheonameoofotheoemployeroisonotoforthcoming.oLearnedoStateocounselohaso furtherosubmittedothatoinotheopetitionoitself,otheopetitionerohasoadmittedothatoheo connectedo witho Manjito Singho (maino accused)o througho phoneo callso ando accordingly,otheocustodialointerrogationoofotheopetitionerowouldobeorequiredotoo uneartho theo modeo ando mannero ino whicho theo entireo conspiracyo too mis-appropriateotheoamountoofotheocomplainantofirmowasoplannedoandowhooalloareo involvedtherein.oAccordingly,oprayeroforodismissaloofopetitionohasobeenomade.o o o Iohaveoheardolearnedocounseloforotheopartiesoandohaveoperusedo theopaperobookowithotheiroableoassistance.o o o Preoarrestobailoisoaodiscretionaryoreliefoandoisotoobeograntedoino exceptionalo caseso ando noto ino routine.o Ito iso meanto too saveo theo innocento personsofromoharassmentoandoinconvenienceoandonototooscreenotheoculpritso fromocustodialointerrogation.o o o o Ino theo instanto case,o thereo areo citrico allegationso againsto theo petitioneroinotheoFIRoitself.oItoisospecificallyoallegedothatotheopetitionerohado receivedoRs.3,60,000/-ofromomainoaccused-ManjitoSinghothroughoaoforgedo cheque,owhoohadomis-appropriatedotheopaymentoofotheocomplainantofirm,o beingo itso manager.o Learnedo Districto ando Sessionso Judge,o Palwal,o whileo consideringotheoanticipatoryobailoapplicationoofotheopetitioner,ohasoobservedo asoundero:-o o o "8.o Theo allegationo againsto theo applicant-accusedoisothatoheoreceivedoRs.3,60,000/-ofromoaccusedo Manjeet,o whoo misappropriatedo theo paymentso ofo theo complainantofirmobeingoitsoManager.oTheoapplicantohaso notogivenoanyoexplanation,oasotoowhyoheoreceivedootheosaidoo o amount,o whicho waso too beo depositedo ino theo accounto ofo Rivigoo Serviceso Pvt.o Ltd.o Ao perusalo ofo theo copyo ofo theo chequeo placedo ono recordo showso thato aso pero theo investigationo theo accounto numbero ofo theo sameo iso ofo applicant/accusedo Atish,o buto theo nameo ofo theo accounto holdero iso Rivigoo Serviceso Privateo Limited,o someo othero firm.oAppropriatelyoaoforgedochequeohasobeenopreparedobyo theo accused,o ino conspiracyo witho eacho othero too misappropriateotheomoneyoofocomplainantofirm.oCustodialo interrogationoisorequiredoinotheopresentocase,otooinquireo aboutotheoroleoofoeachoaccusedoinotheoallegedooffencesoofo cheating,omisappropriation,oforgeryoandofabrication.oAlso,o theorecoveryoofomisappropriatedoamount,oisotoobeoeffectedo fromotheoaccused.oInotheseocircumstances,otheoapplicanto doesonotodeserveotoobeoenlargedoonopre-arrestobail."o o o Soofaroasotheoexplanationoputoforthobyotheopetitionerothatoheohado takenotheomoneyointoohisoaccountoatotheoaskingoofohisoemployer,odoesonoto carryomuchocredenceoinasmuchoasothatosuchoanoactocanobeodoneoatobest,oato oneoinstanceoandonotorepeatedly.oAoperusaloofoAnnexureoP-4oattachedowitho theopetition,owhichoisotheoaccountodetailoofo`KotakoMahindraoBank'oofotheo petitionero wouldo clearlyo showo thato variouso amountso hado comeo intoo theo accountoofotheopetitioneroonodifferentodates,owhichoprimaofacieoshowsohiso complicity.o Thereo iso noo plausibleo explanationo forthcomingo fromo theo petitioneroasotoowhyoheoreceivedotheopayments.o o o Theo custodialo interrogationo ofo theo petitionero iso foundo too beo necessaryoforocompleteoandoeffectiveoinvestigationotoofindooutohowoheoino connivanceo witho Manjito Singh,o hadodoneo planningo ofotheo crimeo ando theo modeoofoitsoexecution,otheootheropersonsoinvolvedothereinoandoroleoplayedobyo eachooneoofothem,ohowotheoamountoofoRs.3,60,000/-oreceivedofromoManjito Singhowasodealtowithoetc.oInocase,ocustodialointerrogationoofotheopetitioneroiso deniedotootheoInvestigatingoAgencyothatowouldoleaveomanyolooseoendsoandoGURPREET KAUR gapso ino theo investigationo affectingo theo investigationo beingo carriedo outo adversely,owhichoisonotocalledofor.o o o Ino Stateo representedo byo theo C.B.I.o versuso Anilo Sharma,o 1997(4)oR.C.R.(Criminal)o268,oHon'bleotheoApexoCourtohadoobservedothato custodialo interrogationo iso qualitativelyo moreo elicitationo orientatedo thano questioningo ao suspecto whoo iso ono anticipatoryo bail,o ino ao caseo likeo thiso interrogationo ofo suspectedo persono iso ofo tremendouso advantageo ino gettingo usefuloinformation.o o o Findingonoomeritsoinotheopetition,otheosameostandsodismissedo accordingly.o o o Itomayobeomentionedohereothatonothingodiscussedohere-in-aboveo shallohaveoanyobearingoonotheomeritsoofotheocase.o o o o o Februaryo16,o2023o o o o o (HARSHoBUNGER)o gurpreeto o o o o o o o JUDGEo Whetherospeaking/reasoned:o o Yes/Noo Whetheroreportable:o o o Yes/No

208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-155-2023 Date of Decision: 16.02.2023 ATISH GAIKWAD …Petitioner Versus STATE OF HARYANA …Respondent CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present : Mr. M.S. Bhatti, Advocate for the petitioner. Mr. AmrikNarwal, D.A.G., Haryana.