Brijesh Singla v. Union Of India and 3 Others
Case brief
What is this about?
Held that anticipatory bail applicants in economic offences face stricter scrutiny based on P. Chidambram; application rejected due to evidence of fraud, non-repayment, absconding, and witness intimidation risk.
What did the court decide?
The application for anticipatory bail under Section 438 Cr.P.C. was rejected.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4960 of 2022
Applicant :- Brijesh Singla Opposite Party :- Union Of India And 3 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- A.S.G.I.,Sanjay Kumar Yadav
Hon'ble Samit Gopal,J.
Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Brijesh Singla, seeking anticipatory bail, in the event of arrest, in RC No. 1202017A0013, dated 13.9.2017, under Sections 120B, 420, 467, 468, 471 I.P.C. and 13 (2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and substantive offences thereof lodged in Police Station C.B.I. Anti Corruption Branch- Ghaziabad, District Ghaziabad.
The prosecution case as the First Information Report lodged against (i) Shri Gian Chand Verma, the then Senior Branch Manager, Syndicate Bank Vaishali Branch, Ghaziabad, (ii) Shri Sant Ram Barwal, the then Chief Manager, Syndicate Bank, Vaishali Branch, Ghaziabad, (iii) Shri Narendra Pal Singh Panwar, the then Manager Syndicate Bank, Vaishali Branch, Ghaziabad, (iv) Shri Tarun Agrawal Panel Advocate, Syndicate Bank, Vaishali Branch, Ghaziabad, (v) Shri Ramesh Chand Gupta, Private Person and (vi) other unknown persons on 13.9.2017 is that V Gian Chand while being posted as Manager, Syndicate Bank, Vaishali Branch, in connivance with other persons deliberately sanctioned loans to the accused and unknown persons and entered into a conspiracy with private persons to provide pecuniary gains to them. In pursuance of the said conspiracy of the accused persons and Ramesh Chand Gupta loans and advances to persons were provided violating the rules, regulations and guidelines. Loans were sanctioned deliberately by flouting norms laid by the bank and compromising the commercial interest of the bank. The bank has been put to a wrongful loss to the tune of Rs.13.83 crore approximately in the loan accounts. 28 parties were advanced loans of various amounts during the period 09.05.2016 to 04.07.2016. Ramesh Chand @ Ramesh Chand Gupta is the kingpin behind the frauds and all the accounts were in the
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in an economic offence involving loan fraud and corruption.
Whether the applicant's history of absconding and apprehension of threatening witnesses precludes bail.
Parties & counsel
- applicant
Brijesh Singla
- respondent
Union Of India
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/4960/2022
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