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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Vijay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. crypto fraud defrauded investors rs.18 crores. (Para 1 , 2 , 3) |
| 2. petitioner claims no role; state fears tampering. (Para 4 , 5) |
| 3. bail balances offence nature, evidence, risks. (Para 6 , 7) |
| 4. petitioner laundered fraud cash into properties. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. economic offences gravely impact national economy. (Para 17 , 18) |
| 6. stringent bail standards for economic crimes. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 7. medical bail requires jail facility inadequacy. (Para 25) |
| 8. delay irrelevant in serious economic offences. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 9. bail dismissed due to prima facie involvement. (Para 34 , 35) |
JUDGMENT :
Sushil Kukreja, Judge
The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for grant of regular bail in case FIR No. 120 of 2023, dated 24.09.2023, under Sections 420 and 120B of Indian Penal Code (for short “IPC”), read with Section 59 of the HP Protection of Interest of Depositors Act, 1999 and Sections 21 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019, registered at Police Station Palampur, District Kangra,
Economic offences of huge magnitude with deep conspiracy and public fund loss require stringent bail denial, prioritizing offence gravity, prima facie evidence, tampering/fleeing risks over custody d....
The delay in trial, seriousness of economic offences, and the larger interest of the public are crucial factors in determining bail applications for serious economic offences.
The judgment established the need for a different approach in bail considerations for economic offences, emphasizing the gravity of economic offences, the need to protect the financial health of the ....
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
Economic offences require a cautious approach during bail considerations, balancing individual rights and public interest due to their profound impact.
The court underscored that in cases of serious economic offences, the gravity of the allegations and the societal impact outweigh individual rights to bail, especially when considerable evidence indi....
Offence of money-laundering - Anticipatory bail rejected - Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court mu....
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
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