Court rejected an anticipatory bail application filed by a Junior Clerk accused of issuing fictitious receipts and letters of allotment, duping an individual of Rs.22.50 lakhs under IPC Sections 420, 467, 468, and 471.
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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53812 of 2019 Applicant :- Shobhit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Om Prakash, the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 297 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Sihanigate, DistrictGhaziabad.
The Court finds itself unable to countenance the prayer of anticipatory bail in light of the allegations made in the F.I.R. The applicant while functioning as a Junior Clerk in the Ghaziabad Development Authority is alleged to have issued fictitious receipts and letters of allotment in respect of a Scheme. An innocent individual stands duped of Rs.22.50 lakhs. That amount has not been deposited in the account of the Authority. Although, learned counsel refers to a purported Affidavit submitted by the complainant to submit that she has stated therein that she had made no complaint, that Affidavit does not convince the Court to grant any relief to the applicant since the informant is the Senior Assistant in the Authority and the complaint principally is of the Authority which alleges that forged and fictitious receipts were issued by the applicant.
The applicant is consequently held not entitled to the benefit of anticipatory bail.
The Application is consequently rejected .
Order Date :- 13.12.2019/Arun K. Singh
(Yashwant Varma, J.)
2 issues framed by the court
Whether anticipatory bail should be granted against allegations of issuing fictitious receipts in a Government Scheme
Whether the submission of an Affidavit by the complainant absolving her of making a complaint warrants granting anticipatory bail
Shobhit Sharma
Yashwant Varma
As recorded by the court registry
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