The case of the prosecution is that, Mr.Vinit Gupta (accused no.1) Accounts Executive, supposed to examine dockets, monthly bills and verify them. The Director of Complainant Company noticed increase in transport expenditure and required scrutiny to be carried out in that regard. It was revealed that accused no.1in connivance with the transport companies prepared false bills and thereafter diverted amount into the accounts of acquainted persons. Hence, FIR filed against Vinit Gupta and transport companies alleging huge loss of Rs.9,01,64,249/-.
The applicant is wife of accused no. 1. The allegation against the applicant is that, amount has been transferred to her bank account at the instance of accused no. 1. Two FIRs were registered. While granting bail to accused no. 1, it was observed by the Magistrate that, other accused who played major role have settled the matter with informant and were released on bail. The accused no. 1 was employee, probably acting on the orders of superiors.
Court observed that, prosecution has not come out with the facts disclosing the involvement of applicant. The complainant has resolved the disputes with accused hence not proceeding with investigation in respect of FIR. Court considering the facts held that custodial interrogation of the applicant is not necessary and allowed anticipatory bail of applicant.
Nisha Vinit Gupta vs. State, ABA no. 754/2021, Mumbai