Omwati v. State of U.P.
Case brief
What is this about?
The court granted anticipatory bail to the applicant, a Gram Pradhan, apprehending arrest in an embezzlement case involving embezzlement of State funds, relying on the Apex Court decision in Sushila Aggarwal.
What did the court decide?
Granted anticipatory bail to the applicant on a personal bond with two sureties subject to conditions of appearance, non-interference, and non-flight.
What the court decided
Neutral Citation No. - 2023:AHC:213737
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11774 of 2023
Applicant :- Omwati Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- Heard learned counsel for the applicant as well as Sri S.P. Pandey, learned A.G.A. for the State and also perused the record.
- The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 10 of 2023, under Section 409 IPC, Police Station Kaila Devi, District Sambhal, U.P., with a prayer to enlarge her on anticipatory bail.
- As per prosecution story, the applicant, who happens to be Gram Pradhan of the village alongwith Village Development Officer, Sugreev Singh, is stated to have embezzled an amount of Rs. 1,98,610/- thereby inflicted loss to the State Exchequer.
- Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has next stated that the applicant is a lady and Gram Pradhan of the village concerned. The inquiry was taken up by the Additional Development Officer, Gunnaur, Sambhal, and he has submitted a report on 12.5.2023 and he has categorically exonerated the applicant, as such, the applicant is entitled for anticipatory bail.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in an embezzlement case.
Parties & counsel
- applicant
Omwati
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11774/2023
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