In this anticipatory bail application under Section 438 Cr.P.C. regarding an embezzlement charge under Section 409 IPC, the court rejected the prayer citing the gravity of the accusation and lack of compliance with a prior deposit order by the applicant.
Anticipatory bail application rejected. Applicant not released on bail.
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Court No. - 54
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1172 of 2020
Applicant :- Anand Shanker Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ashok Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 111 2019 under section 409 I.P.C., Police Station Karma, District Sonbhadra, during pendency of investigation.
As per F.I.R. dated 5.11.2019 lodged by the Block Development Officer, Sonbhadra against the applicant with the averments that the applicant was retired as Gram Panchayat Adhikari and he has embezzled the amount of Rs. 52494/- and an order was passed directing him to deposit the said amount, but in spite of that the amount has not been deposited and therefore, a case under Section 409 IPC has been registered.
It is contended by learned counsel for the applicant that against the order dated 1.3.2014 passed by District Magistrate, Sonbhadra, Writ A No. 44733 of 2014 was filed, in which counter affidavit was called vide order dated 1.9.2014, but no interim order was granted. It is further contended by learned counsel for the applicant that in case the applicant is released on bail, he will not misuse the liberty and will co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail.
Mere pendency of the aforesaid writ petition does not preclude the applicant for depositing the amount, which was embezzled by him.
Taking into consideration the gravity of accusation and the fact that the applicant has not complied with the order dated 1.3.2014 passed by District Magistrate, Sonbhadra, there being no reason assigned for false implication of the accused and there being possibility of their fleeing from justice, without
expressing any opinion on the merits of the case, this Court does not find good ground for enlarging the applicant-Anand Shanker Gupta on anticipatory bail in this case.
The anticipatory bail application of the applicant is, accordingly, rejected.
Order Date :- 29.1.2020 Noman
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. in a case of criminal breach of trust amounting to embezzlement.
2 provisions across 2 enactments
Anand Shanker Gupta
State of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
