Dismissed

Kashiram Prajapati v. State of U.P. and 2 Others

Allahabad HC10 Jan 2023ABAIL/12862/2022

Case brief

AI extract

What is this about?

In this anticipatory bail application under Section 438 Cr.P.C., the High Court rejected the plea of an accused employee who was apprehended of misappropriating over Rs. 2 crores from a bank. The court, considering the grave nature of the offence and lack of sufficient ground for bail, denied relief.

What did the court decide?

Application for anticipatory bail is rejected.

Kashiram Prajapati Vs State of U.P. and 2 Others — Corruption | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12862 of 2022

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Applicant :- Kashiram Prajapati Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed by learned A.G.A. for the State today is taken on record.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.291 of 2022, under sections 409, 420, 467, 468 I.P.C., Police Station Chirgaon, District Jhansi, during the pendency of investigation or concerned.

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Facts in brief are that this applicant was an employee of Central Bank of India and was working as cashier where by using his QR code money was transferred by him in some inoperative accounts that was near about 2 crores and it was withdrawn from the accounts through A.T.M. cards and cheques regarding which an F.I.R. was lodged by the Regional Manager against this applicant and three other co-accused persons.

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It is submitted by learned counsel for the applicant that applicant was recruited in the bank on the post of peon and his education was up to 8th standard thereafter he was promoted though he had no knowledge of the technicalities of the computer system. Therefore, he moved an application before the concerned authorities to demote him on the post of peon. He committed no such offence of transferring money in the inoperative accounts and also did not withdraw the amount by using A.T.M. card and cheque. Now the case is under investigation, therefore, the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail and urged that the QR code of this applicant was used while transferring the amount in the aforesaid inoperative accounts

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those were 41 in number and the applicant was working as cashier in the bank at that time, therefore, it cannot be said that this applicant was not known to the technicalities of the computer and did nothing in this regard.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it appears that this applicant was working as cashier in Central Bank of India at the time of alleged transactions of money out of which near about Rs.2 crores were misappropriated with the help of other coaccused persons who are named in the F.I.R. In such a situation, there appears no ground to grant anticipatory bail in favour of this applicant.

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Accordingly, the anticipatory bail application is, hereby, rejected.

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Order Date :- 10.1.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Kashiram Prajapati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Kashiram Prajapati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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