Rahul Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 33 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9599 of 2022
 

 
Applicant :- Rahul Kumar
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Imran Ullah,Arvind
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Supplementary affidavit filed today by learned counsel for applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

Facts in brief are that a cheque was kept in the custody of this applicant and an amount of Rs. 61,00,000/- (sixty one lacs ) was withdrawn by using the cheque which was kept in the possession of this applicant and the money was transferred to the account of co-accused Vatsal.

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that cheque book must have been kept in custody of the drawing disbursing authority but not to this applicant. No any amount was transferred in the account of this applicant, therefore, he was not beneficiary. Further submitted that Departmental Inquiry was conducted against this applicant in which he was found guilty of dereliction of duty but not for embezzlement, as a result annual increment was stopped and suspension revoked. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. Learned counsel for the applicant has placed reliance on the judgments of the Apex Court in the case of Ashoo Surendranath Tiwari Vs. The Deputy Superintendent of Police EOW, CBI and another decided on 08.09.2020.

Learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case, the cheque was in possession of this applicant which was misused by making forged signature of the principal and amount was withdrawn and transferred in the account of co-accused Vatsal. At this stage, it cannot be said that this applicant was innocent and he was not involved in misappropriating the cheque by use of which money was withdrawn from the exchequer of Government. He was found guilty in the Departmental Inquiry for dereliction of duty. This fact was established that cheque book was in his possession and it was used for withdrawal of money unlawfully, therefore, he is not entitled for anticipatory bail.

Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, no good ground is made out for anticipatory bail. Hence the anticipatory bail application of applicant Rahul Kumar involved in Case Crime No. 253 of 2022, under Sections 420, 467, 468, 471, 408 IPC, P.S. Chandpur, District Bijnor is hereby rejected.

Order Date :- 2.1.2023

A. Singh