Suman Gautam v. State of U.P. and Another
Case brief
What is this about?
In this anticipatory bail application, the Allahabad High Court rejected the prayer of an Social Welfare Officer accused of transferring Rs. 6.84 lakh to a college where funds were allegedly misused and not disbursed to students, due to lack of cooperation and extensive criminal history.
What did the court decide?
Application for anticipatory bail rejected.
What the court decided
Neutral Citation No. - 2023:AHC:218220
Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6892 of 2023
Applicant :- Suman Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Yadav,Kailash Singh Kushwaha,Sunil Choudhary Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
- Counter affidavit filed by learned A.G.A. is taken on record.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- The present application has been moved seeking anticipatory bail in Case Crime No.93 of 2016, under Sections 409, 420, 467, 468, 471, 120B I.P.C. and Section 13(1)(c) of Prevention of Corruption Act, Police Station Kithore, District Meerut with the prayer that in the event of arrest, applicant may be released on bail.
- It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas, there is no credible evidence against her. The applicant was working as Social Welfare Officer and as per prosecution version, while being posted as Social Welfare Officer, district Meerut, she has transferred the public funds of Rs.6,84,000/- to Maulana Azad Inter College, Laliyana, Meerut for scholarship of scheduled castes and scheduled tribes students but the said funds were misused in conspiracy with manager of said college and others and the same were not paid to the eligible students. Learned counsel submitted that as a Social Welfare Officer, the applicant has transferred the
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a trial for public fund misappropriation given her criminal history and lack of cooperation.
How to balance the applicant's claim of innocence and cooperative attitude against the allegations of fund misuse and fugitive behavior.
Whether the gravity of offences and criminal record precludes the grant of anticipatory bail in corruption cases involving public funds.
Parties & counsel
- applicant
Suman Gautam
Coram
Raj Beer Singh
Neeraj
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/6892/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court