The Court rejected the applicant's anticipatory bail application for offences under the Prevention of Corruption Act. The Court noted the applicant's repeated involvement in corruption cases and reliance on Apex Court precedent regarding trial issues.
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Neutral Citation No. - 2024:AHC:177453
Court No. - 80
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10969 of 2024
Applicant :- Rajesh Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Sharma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
of the applicant with regards to offence under the Prevention of Corruption Act. It is submitted that even previously the applicant was involved in a case under the Prevention of Corruption Act in which he had filed Criminal Misc. Anticipatory Bail Application No.13352 of 2021 (Rajesh Chaudhary Vs. State of U.P. and another in which vide order dated 25.7.2022 he was granted anticipatory bail by another Bench of this Court to the satisfaction of the court concerned. It is submitted that in the previous case also charge sheet has been submitted against the applicant and in the present case also charge sheet has been submitted and as such he cannot be said to be a person having clean and clear antecedents. Looking to the repeated involvement in matter relating to corruption which is of financial matter, the present anticipatory bail application be rejected.
(Samit Gopal, J.)
Order Date :- 12.11.2024 Gaurav Kuls
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a prosecution for disproportionate assets under the Prevention of Corruption Act?
Whether the applicant's repeated involvement in corruption cases negates the claim of clean antecedents?
Colour shows how this judgement treated each authority
State of Tamil Nadu Vs. R. SoundirarasuRelied on¶45
State of Tamil Nadu Vs. R. Soundirarasu : (2023)6 SCC 768 (para 45) · Who else cites this
2 provisions across 2 enactments
Rajesh Chaudhary
State of U.P.
Samit Gopal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
