Allowed

Ashish Kumar Gupta v. State of U.P. and Another

Allahabad HC10 Feb 2023ABAIL/1552/2023

Case brief

AI extract

What is this about?

This is a criminal miscellaneous application for anticipatory bail under Section 438 Cr.P.C. The High Court granted the bail noting the applicant's exoneration in departmental proceedings and filing of the charge sheet, deeming arrest unnecessary.

What did the court decide?

Anticipatory bail allowed; directed to surrender within seven days on filing bail bond and two sureties.

Ashish Kumar Gupta Vs State of U.P. and Another — Money Laundering | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1552 of 2023

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Applicant :- Ashish Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Babu Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Anil Babu, learned counsel for the accused-applicant and Sri Amit Singh Chauhan, the learned A.G.A. and perused record.

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The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 296 of 2017, under Sections 420, 467, 468, 409 IPC, Police Station Kotwali, District Kanpur Nagar.

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The F.I.R. in question came to be registered on a complaint made by the Chief Post Master of Kanpur alleging that the accused applicant had tried to open an account for money laundering during de-monetization. It is said that one account, by illegality obtaining the CIF of Anupama Tiwari, resident of A 452, Sector 9, Vijay Nagar, Ghaziabad, was opened in the name of the father of the accused applicant, in which Rs.24,100/- were deposited and the same amount was withdrawn on the very same day. The departmental proceedings were instituted against the accused applicant in which he has been exonerated completely and has been said that the amount got deposited in the account of Sri Sudhir Kumar Gupta, the father of the accused applicant. No one has claimed such amount which was withdrawn by the father of the accused applicant.

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Considering the fact that the accused applicant has already been exonerated in departmental proceedings and charge sheet has already been filed, his arrest is no more required and this Court deem it appropriate to enlarge the applicant on anticipatory bail.

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Accordingly, anticipatory bail application is allowed. The accused-applicant is directed to appear before the trial Court concerned within seven days from today and if he does so, he shall be released on filing his personal bail bond and two sureties, each in the like amount to the satisfaction of the trial Court, if already not filed, on the following conditions, which are imposed in the interest of justice, and other conditions, which may be desirable by the learned trial Court:-

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(i) That the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

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(iii) That the applicant shall not leave India without the previous permission of the Court; and

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(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

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Order Date :- 10.2.2023 Arun K. Singh

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Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad

Ashish Kumar Gupta v. State of U.P. and Another

Case brief

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Ashish Kumar Gupta v. State of U.P. and Another

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