The court dismissed an application for anticipatory bail under Section 438 Cr.P.C. Alleged misappropriation of funds by the applicant, a manager, was deemed a serious nature. The court found no fit case for bail.
Anticipatory bail application rejected as not a fit case for grant.
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Neutral Citation No. - 2024:AHC:196607
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10199 of 2024
Applicant :- Vijay Mall Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
to his offer of resignation.
proposed accusation appears to stem not from motives of furthering the ends of justice but from some ulterior motive, the object being to injure and humiliate the applicant by having him arrested, a direction for the release of the applicant on bail in the event of his arrest would generally be made. It was observed that "it cannot be laid down as an inexorable rule that anticipatory bail cannot be granted unless the proposed accusation appears to be actuated by mala fides; and, equally, that anticipatory bail must be granted if there is no fear that the applicant will abscond". Some of the relevant considerations which govern the discretion, noticed therein are "the nature and seriousness of the proposed charges, the context of the events likely to lead to the making of the charges, a reasonable possibility of the applicant's presence not being secured at the trial, a reasonable apprehension that witnesses will be tampered with and 'the larger interests of the public or the State', are some of the considerations which the court has to keep in mind while deciding an application for anticipatory bail".
Order Date :- 16.12.2024 Priya
(Justice Krishan Pahal)
Digitally signed by :- PRIYA KUSHWAHA 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 serious allegations of misappropriation as a company manager.
Whether the delay in FIR and the nature of the charges warrant the grant of bail in a case involving potential financial fraud.
Colour shows how this judgement treated each authority
Satpal Singh vs. State of PunjabReferred¶14
(2018) 13 SCC 813 · Who else cites this
Pratibha Manchanda and another Vs. State of Haryana and anotherReferred¶14
(2023) 8 SCC 181 · Who else cites this
Dr. Naresh Kumar Mangla vs. Smt. Anita Agarwal & othersReferred¶15
AIR 2021 SC 277 · Who else cites this
Pokar Ram vs. State of RajasthanReferred¶15
(1985) 2 SCC 597 · Who else cites this
Gurbaksh Singh Sibbia vs. State of PunjabReferred¶15
(1980) 2 SCC 565 · Who else cites this
1 provisions across 1 enactments
Vijay Mall
State of U.P.
Krishan Pahal
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
