Dismissed

Faizan Ali v. State of U.P. and Another

Allahabad HC16 Nov 2022ABAIL/10025/2022

Case brief

AI extract

What is this about?

Single-judge court dismissed a criminal anticipatory bail application. Finding that money was transferred to the applicant's account which stood unexplained, the judge held it was not a fit case for bail, rejecting claims of false implication and innocent status as a service provider.

What did the court decide?

The application for anticipatory bail was dismissed; no interim protection was granted.

Faizan Ali Vs State of U.P. and Another — Corruption | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10025 of 2022

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Applicant :- Faizan Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pravin Kumar

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Hon'ble Krishan Pahal,J.

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Heard Sri A.K. Verma, learned Advocate holding brief for Sri Pravin Kumar, learned counsel for applicant as well as learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 273 of 2022, under sections 409, 420, 467, 468, 471 I.P.C. and 66-C of Information Technology (Amendment) Act, 2008, P.S. Kotwali Fatehgarh, district Farrukhabad.

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As per prosecution story, the applicant alongwith co-accused person, Manoj Kumar, is said to have embezzled an amount of Rs. 16,26,420/- by illegally transferring the said amount.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has next stated that applicant is a government employee. He is rather only a service provider and computer operator and has nothing to do with the said offence. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

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Learned A.G.A. has vehemently opposed the bail application and has stated that an amount of Rs. 16,26,420/- has been transferred to the account of the applicant, which stands unexplained. The applicant is not entitled to anticipatory bail.

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Since the money has been transferred to the account of the applicant, under such circumstances, I do not find it a fit case for grant of anticipatory bail or interim protection.

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In view of the above, present anticipatory bail application is dismissed .

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Order Date :- 16.11.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.11.18 10:56:16 IST Reason: Location: High Court of Judicature at Allahabad

Faizan Ali v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Faizan Ali v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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