This judgment rejects an anticipatory bail application. The court holds that no case for bail is made out due to the applicant's history of eight similar fraud cases and his lack of cooperation in the investigation.
Prayer for anticipatory bail rejected; application dismissed.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2622 of 2022
Applicant :- Ajay Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Priyanka Srivastava
Counsel for Opposite Party :- G.A.,Sharda Prasad Mishra
Hon'ble Mohd. Faiz Alam Khan,J.
Supplementary affidavit filed by the applicant is taken on record.
Heard Shri Arun Srivastava holding brief of Ms. Priyanka Srivastava, learned counsel for the applicant, Shri Sharda Prasad Mishra, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been moved by the accused/applicant - Ajay Kumar Yadav in Case Crime No. 425 of 2021, under Sections 420, 406, 504, 506 I.P.C, Police Station Civil Lines, District Moradabad, with the prayer to grant them anticipatory bail as they are apprehending arrest in the abovementioned case.
Learned counsel for the applicants submits that all the allegations contained in the first information report are false and the applicant is still ready to return whatever amount is shown to have been legally due on the company of which he was Chairman/ Director.
It is further submitted that the applicant is a respectable citizen and there is no apprehension that after granting protection from arrest he may flee from the course of law or may otherwise misuse the liberty.
It is next submitted that all the offences are triable by the Magistrate and covered by the dictum of law laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 as well as substantive provisions of Sections 41 & 41 A of the Cr.P.C.
It is also submitted that the applicant is ready to abide by any restriction or condition imposed by this Court as well by the trial court and he is ready to cooperate in the investigation as well as in the trial.
Learned counsel for the informant / complainant, however, opposes the prayer of anticipatory bail of the applicant on the ground that the applicant is having criminal history of 8 cases and all these cases are similar in nature where general public and depositors, have been defrauded and having regard to the fact that criminal cases are similar in nature applicant is not entitled for any protection.
Learned AGA also opposes the prayer for granting protection from arrest on the ground that the applicant is not cooperating in the investigation and a reward of Rs. 2,500/- has been declared on the arrest of the applicant and having regard to the fact that the applicant is not cooperating in the investigation, he is not entitled for any protection.
Having heard learned counsel for the parties and having perused the record, the allegations against the applicant, so far as this case is concerned, are to the tune that the applicant being the Director/ Chairman of the Company had defrauded the informant and other depositors and misappropriated the money deposited by them in his company. The applicant is having criminal history of 8 cases, which are similar in nature.
Thus, having regard to all the facts and circumstances of the case and without commenting on the merits and demerits of the case, in the considered opinion of this Court, no case of anticipatory bail is made out against the applicant. Thus anticipatory bail application moved by the applicant is hereby rejected .
Order Date :- 25.4.2022 Muk
Digitally signed by MOHD UMAR KHAN Date: 2022.04.25 17:38:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail is maintainable despite the applicant's criminal history of eight similar cases involving fraud.
Whether the applicant's alleged non-cooperation with investigation and involvement of a reward for arrest negate the case for anticipatory bail relief.
1 provisions across 1 enactments
Ajay Kumar Yadav
Mohd. Faiz Alam Khan
As recorded by the court registry
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