Single judge heard anticipatory bail application under S. 438 Cr.P.C. regarding charges of cheating and criminal breach of trust. Applicant alleged FIR was malicious. Court found no good ground for bail and rejected the plea.
Anticipatory bail application under S. 438 Cr.P.C. rejected; accused to remain in custody.
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Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2166 of 2020 Applicant :- Mohit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Yadvendra Mani Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Yadvendra Mani Mishra, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the allegations which have been levelled against the applicant is that applicant has taken money from the complainant for providing job in A.C.J.M. Court, Meerut, are false. He submits that there was some dispute between the parties with regard to money. The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that allegation against the applicant in F.I.R. is a serious one.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant Mohit Sharma , involved in Case Crime No. 36 of 2020, under sections 406, 420, 506 IPC, P.S. Budhana, District Muzaffar Nagar.
Accordingly, the anticipatory bail application is rejected .
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.9.2020/Tamang
2 issues framed by the court
Whether anticipatory bail is maintainable when the FIR alleges taking money for securing a job which the applicant claims to be false and defamatory.
Whether the gravity of the accusation under sections 406, 420, and 506 IPC warrants rejection of the anticipatory bail application.
2 provisions across 2 enactments
Mohit Sharma
State of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
