disposed of an anticipatory bail application under Section 438 Cr.P.C. The court rejected the prayer due to the applicant avoiding court process despite issuance of process and his criminal history. The fear of arrest was deemed insufficient for bail.
The anticipatory bail application of the applicant is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12034 of 2022
Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Facts in brief are that the grand father of the informant was member of cooperative society who died on 29.12.2013. In the year 2015, loan of rupees one lac was shown against the account of the deceased and in the year 2020 notice for recovery was sent against him. On query, he was pressurized by the bank officials to repay the loan regarding which F.I.R. was lodged against this applicant and two other co-accused.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Applicant has committed no offence. He only sanctioned the loan and is not beneficiary of the amount. No any amount was transferred in his account. Further submitted that during investigation applicant was released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. Now, investigation has been completed and charge sheet was submitted before the learned court. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
On the other hand, learned AGA opposed the prayer of anticipatory bail and urged that after investigation charge sheet has been submitted and process has also been issued by the learned court but this applicant is avoiding the process of the learned court, that was the reason N.B.W. was issued. Further urged that there is criminal history against this applicant of four other cases, therefore, he is not entitled for anticipatory bail.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and perusal of record, it appears that in this case, the allegation of sanctioning and withdrawing the money from the bank from the account of grand-father of the informant who died in the year
2013 and the applicant is an employee in the aforesaid bank who is said to have withdrawn the money by showing forged loan and fact that process has already been issued by the learned court against him but he is avoiding the process of the learned court. Hence, no good ground is made out for anticipatory bail. The anticipatory bail application of applicant Shiv Kumar involved in Case Crime No. 853 of 2020, under Sections 420, 467, 468, 471, 120-B, 409 IPC, P.S. Deoband, District Saharanpur is hereby rejected .
Order Date :- 19.1.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail given the avoidance of court process and criminal history.
1 provisions across 1 enactments
Shiv Kumar
State of U.P.
Anurag Singh
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
