A criminal miscellaneous anticipatory bail application filed under Section 438 Cr.P.C. was dismissed. The High Court held that the case involving serious economic offences like cheating and forgery is not a fit case for anticipatory bail.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed.
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Neutral Citation No. - 2023:AHC:156410
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8170 of 2023
Applicant :- Mahendra Kumar Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
rupees from the people and looted the said crores of rupees. It is alleged that the applicant along with other co-accused have cheated the public by giving wrong information through their employees that after five years after investing the money will get the land or will get the price of the land and ran away after grabbing the money. All these people have committed economic crime in the Mauza located at Arazi No. 372. 355, Bhikharipur Kala, Pargana Dhisua, Tehsil Machli City, District Jaunpur and Village Dhuniyan, Pargana Khairagarh, Tehsil Khairagarh, District Agra, Village Deori Kat, Pargana Bahr, Tehsil Purwal, District Sonbhadra, bought land in the name of his company by taking money from people and neither did it. These people are not giving money or giving land. It is alleged that against the aforesaid accused person an FIR has already been registered at Police Station Fotwali Civil Lines, Allahabad bearing Case Crime No.86 of 2018, under Sections 406, 419, 420 IPC. The forged corporate identification numbers of these persons are U70102UP2011PCL045193, U70100MP2010 PCL023689 U45200DL12013 PCL256693. Accused have received money from more than 100 people in the form of investment for forgery of valuable securities and have been given settlement sheets, all the victims have documentary evidence against the said people in their possession. The accused have committed the offense of criminal breach of trust by posing as investment bankers. There have many accounts in the HDFC Bank and Orient Bank of Commerce in Varanasi, from which movement of huge amount can be disclosed. From 02.06.2010, these people were committing crimes in the area of Thana Sigra, Varanasi.
Order Date :- 4.8.2023 Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the gravity of cheating allegations.
Whether the apprehension of arrest is founded on material or is merely imaginary.
Colour shows how this judgement treated each authority
P.Chidambaram vs. Directorate of EnforcementReferred¶12
P.Chidambaram vs. Directorate of Enforcement (Criminal Appeal No.1340/10 dated 05.09.2019)
1 provisions across 1 enactments
Mahendra Kumar Vishwakarma
State of U.P.
Another
Shekhar Kumar Yadav
Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
