Dismissed

Ajay Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC19 Dec 2024ABAIL/1744/2024

Case brief

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What is this about?

Anticipatory bail application of a bank manager accused of cheating and fraud by fabricating documents in a financial-fraud case. Citing P. Chidambaran on economic offences being a class apart warranting sparing use of Section 438 CrPC, and finding no assurance against tampering or witness intimidation, the court rejected the application.

What the court decided

AI extract

Ajay Kumar Jha vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:85491

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1744 of 2024

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Applicant :- Ajay Kumar Jha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Sanjay Srivastava,Dharam Prakash Counsel for Opposite Party :- G.A.,Shikhar Deep Singh,Vipin Kumar

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Shikhar Deep Singh, learned counsel for the informant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 49 of 2022, under sections 417, 420, 467, 468 of the IPC, Police Station-Utraula, District-Balrampur.

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From perusal of the first information report as well as the record, it transpires that the applicant is the Manager of the Bank and he has committed cheat and fraud while fabricating the documents.

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The instant matter pertains to the financial fraud and the financial frauds are the class apart.

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This court is also aware of the law laid down by the Hon'ble Apex Court in the case of P.Chidambram Vs. Directorate of Enforcement , reported in (2019)9 Supreme Court Cases, 24 , wherein it has been held that case of economic offences are of different class as they affect the economic fabric of the society and therefore, the power under section 438 of the Cr.P.C., be exercised sparingly and in such matters, the bail applications must be granted in exceptional cases, after application of mind in relation to nature and

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gravity of accusation, possibility of applicant fleeing justice and other factors.

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Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Application of arrest has also been denied.

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Thus, this court does not find any good ground to intervene in this matter. The anticipatory bail application of the applicant, Ajay Kumar Jha , is hereby rejected.

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Order Date :- 19.12.2024

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AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Ajay Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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