The single judge dismissed an anticipatory bail application under Section 438 CrPC filed by Chandresh Harit accused of cheating and forgery. The court held that the application was devoid of merits and the accused was not entitled to bail at the present stage.
The anticipatory bail application is dismissed.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11003 of 2022
Applicant :- Chandresh Harit Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Dinesh Kumar Tripathi, learned counsel for applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 357 of 2022, registered under Sections 420, 467, 468 and 471 I.P.C., Police Station Medical, Disrict Meerut, with the prayer to enlarge him on bail.
As per prosecution story, the applicant was working on contractual basis as Multi Tasking Service Provider at Meerut Office. The applicant is stated to have illegally transferred an amount of Rs. 1,68,429/- to fake account opened in the name of one Suraj, on which photograph of the applicant was found affixed.
Learned counsel for the applicant has stated that he has been falsely implicated in the present case. He has nothing to do with the said offence. He had appeared before the Inquiry Officer, who had conducted inquiry of the said bungling committed in the Office. Learned counsel for the petitioner states that it has been mentioned in the FIR itself that the responsible persons for the said forgery are one Suraj, the applicant and one Surendra Singh, Bank Manager. Learned counsel for the applicant has further stated that out of the three persons named in the inquiry report, only the applicant has been arrayed as an accused person in the FIR. The applicant has no criminal antecedent. Learned counsel for the applicant has further stated that the applicant has nothing to do with the affixing photograph on the bank account opened in the name of one Suraj, from whom account the said amount stated to have been transferred, which has further been transferred to another person also named Suraj. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for
cancellation of the anticipatory bail.
Per contra, learned A.G.A. for the State has vehemently opposed the bail application on the ground that it is an open and shut case as the photograph of the applicant has been found affixed in the application form for opening the Bank Account No. 35185997558 at the S.B.I. Branch, Sabun Godam, Meerut. Learned A.G.A. has further stated that no identity of the person named as Suraj could be ascertained as it was the applicant who had himself impersonated as Suraj. On the date of offence the said Branch Manager, Surendra Singh was not posted at the said Branch, hence it is the applicant who has committed the said forgery.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending investigation and considering the complicity of accused, severity of punishment, at this stage, without commenting any opinion on the merits of the case, this Court is not inclined to release the applicant on anticipatory bail.
The anticipatory bail application is found devoid of merits and is, accordingly, dismissed .
Order Date :- 19.11.2022 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2022.11.21 16:10:21 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on anticipatory bail in offences involving forgery and cheating.
Whether the anticipatory bail application is devoid of merits given the evidence on record.
1 provisions across 1 enactments
Chandresh Harit
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
