The Court rejected an application for anticipatory bail in a criminal case alleging deletion of sensitive account data, misappropriation of scholarship fees, and non-handover of documents. The Court found misconduct and noted defects in the supporting no dues certificate.
Application for anticipatory bail rejected and dismissed.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54862 of 2019
Applicant :- Anuj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Mukhtar Alam Counsel for Opposite Party :- G.A.,Shivam Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Om Prakash, the learned A.G.A. for the State as well as Sri Shivam Yadav, learned counsel appearing on behalf of the informant and perused the record.
The present application for grant of anticipatory bail has been filed by the applicant in case crime No.247 of 2019, under Sections 379, 427, 420, 506, 408, 467, 468, 471, 436 I.P.C. and Section 65, 66 of the Information Technology (Amendment) Act, 2008, Police Station Hafizpur, District- Hapur.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail since it is alleged that sensitive data relating to the accounts of the institution was deleted by the applicant who was the Finance and Account Officer in that institution. There is also an allegation that despite repeated requests the data which was in his possession and control, was not handed over. It has also come on the record that scholarship fee which was received by the institution for the purposes of disbursement to SC/ST students, has been misappropriated. Although it is submitted that a no dues certificate was issued to the applicant by the institution itself, a bare perusal of that document which appears at page 46 establishes that it does not bear the signature of either the Head of the Department or the Director. Insofar as the FIR appearing at page 35 of the
paperbook as lodged by one Deepak Kumar is concerned that clearly has no relevance since even in the final report which was submitted in respect of that FIR, no findings in support of the applicant have come to be recorded.
In that view of the matter, the application fails and is consequently rejected .
Order Date :- 17.12.2019 Vivek Kr.
2 issues framed by the court
Whether the prayer for grant of anticipatory bail should be allowed given allegations of data deletion and misappropriation of funds.
Whether the no dues certificate issued by the institution validates the applicant's claim of innocence.
Anuj Gupta
Yashwant Varma
As recorded by the court registry
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