Single judge dismissed anticipatory bail application holding prima facie complicity of the applicant established and gravity of life imprisonment offence denying bail.
Application for anticipatory bail dismissed.
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Neutral Citation No. - 2024:AHC-LKO:58728
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1958 of 2024
Applicant :- Ravindra Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Srivastava,Suresh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for respondent State.
The present application has been filed by the applicant seeking anticipatory bail in Case Crime No.40 of 2022 under Sections 417, 420, 406, 506, 467, 468, 471 I.P.C. Police Station Masauli, District Barabanki.
It is alleged in the prosecution case that Ropeway Agro Private Limited Kanpur is registered as private company. The applicant is working in the company as Director since 20.5.2016. It had a branch in Ramnagar. The complainant was working there as an agent. Allegation is that a sum of Rs.35,27,600/- were deposited by the investors, which have been embezzled by the applicant along with the co-accused persons.
Learned A.G.A. has opposed the bail application and submitted that it is not a case of false implication. The money of the poor investors has been embezzled. The applicant was the Director. In the re-statement of the complainant it has come that the applicant has received money.
Perused the record.
On due consideration to the submissions advanced by the parties prima facie complicity of the applicant is evident in view of the statement of the complainant and the fact that the offence under Section 467 I.P.C. is
punishable with life and gravity of the offence, no case for anticipatory bail is made out, hence, dismissed .
Order Date :- 29.8.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail is tenable given the applicant's alleged complicity in offences punishable with life imprisonment.
Whether the gravity of the offence under Section 467 IPC precludes the grant of anticipatory bail.
2 provisions across 2 enactments
Ravindra Singh
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
