Dismissed

Gufran Ahmad v. Stateof U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC19 Jun 2024ABAIL/1340/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a dismissed bank cashier accused of embezzlement under Sections 409 and 420 IPC was refused; the court noted the FIR was genuine and the applicant had been proclaimed an offender, citing Lavesh v State.

What did the court decide?

Liberty granted to apply for bail before trial court within two weeks; application to be decided expeditiously in view of Satender Kumar Antil case.

Gufran Ahmad vs Stateof U.P Thru. Prin. Secy. Home… — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44756

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1340 of 2024 Applicant :- Gufran Ahmad Opposite Party :- Stateof U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present anticipatory bail application has been filed on behalf of the applicants in F.I.R. No. 147/2013, under Section 409/420 Indian Penal Code, Police Station Maharajganj Tarain, District Balrampur with a prayer to enlarge him on anticipatory bail.

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Heard learned counsel for the applicant and learned AGA for the State.

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Notices to respondent no. 2 are dispensed with in view of the proposed order.

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Learned counsel for the applicant submits that the applicant is a dismissed bank officer. He has been falsely implicated. It is also submitted that the investigation is going on and the applicant shall cooperate in the investigation.

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Learned AGA, on the other hand, has submitted that the applicant was declared as a proclaimed offender which suggests that he would not have cooperated in the investigation.

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Perused the record.

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Prima facie from perusal of the FIR, it is evident that the applicant who was a cashier in the bank is alleged to have committed embezzlement; FIR has been lodged by the bank; it is evident that the FIR has not been lodged with a view to

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humiliate the applicant, coupled with the fact that already proclamation was issued against the applicant.

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On due consideration to the argument advanced as well as considering the judgment of the Supreme Court passed in the case of "Lavesh vs State (Nct Of Delhi), 2012 (8) SCC 730," I am not inclined to enlarge the applicant on anticipatory bail.

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Accordingly, the anticipatory bail application is dismissed .

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At this stage, learned counsel for the applicant prays that he may be granted liberty to file a bail application which may be directed to be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021 "

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In view of the above, it is provided that, in case, the applicant appears before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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Order Date :- 2.7.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Gufran Ahmad v. Stateof U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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Gufran Ahmad v. Stateof U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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