This judgment rejects an anticipatory bail application filed by a retired Chief Cashier accused of misappropriating stamp paper funds. The court held that without his involvement, the alleged fraud causing over Rs. 5 crore loss could not have been committed, and no grounds for bail were found.
Anticipatory bail application rejected.
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Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13560 of 2022
Applicant :- Arun Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Mukhtar Alam,Saquib Mukhtar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
that the Sub-Treasury Officer, Harish Kumar and the Accountant, Rajesh Sagar did not make the deposit of the amount of price of stamp and finding that they had misappropriated the amount, a four member committee was constituted by the District Magistrate to enquire into the misappropriation of the price of the stamp papers from SubTreasury Office, Dataganj.
enquiry did not find any involvement of the accused-applicant in commission of offence and no action has been taken against him. He further submits that the Government had directed for recovery of Rs.5 Crores and odd amount, which was allegedly misappropriated by the accused, from twelve persons and the petitioner is not one of the twelve persons. He, therefore, submits that since the Government in its enquiry has not found the petitioner to be involved in commission of offence, he may be enlarged on anticipatory bail. He also submits that some of the co-accused have been granted regular bail by this Court. Accused-applicant has retired. The investigation is complete and no purpose would be served in sending the accusedapplicant to the jail while he has cooperated during the investigation and will also cooperate during trial for its early conclusion.
as a result thereof, the Government suffered losses of more than five crore rupees.
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused-applicant is entitled to anticipatory bail in view of the alleged involvement in the commission of the offence causing huge financial loss to the Government.
1 provisions across 1 enactments
Arun Kumar Gupta
Dinesh Kumar Singh
As recorded by the court registry
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