Misuse of the process of the court and forum shopping can be considered in the decision to grant anticipatory bail.

JUDGMENT :

1. List has been revised.

2. Heard Sri Ravi Pandey, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.

3. The present application for anticipatory bail has been filed for anticipatory bail in Case Crime No.02 of 2019, under Sections 420, 406 I.P.C., Police Station Harduaganj, District Aligarh, during the pendency of trial.

PROSECUTION STORY:

4. As per prosecution story, the applicant, who happens to be the Supervisor in the company, alongwith other co-accused persons is stated to have usurped the money of several persons who had deposited their money in the company as policy bond.

RIVAL CONTENTIONS:

(Arguments on behalf of applicant)

5. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and his name has come up later on during investigation, although it is referred in the FIR that unknown Supervisor was also involved in the said crime. Learned counsel has stated that the applicant is a bona fide person and has cooperated during investigation and complied with the provisions of Section 41-A Cr.P.C. Learned counsel has further stated that subsequently the final report (charge-sheet) was submitted against the applicant and he had challenged the same before this Court by filing an Application U/S 482 Cr.P.C. No.20556 of 2022, which was disposed of vide order dated 31.8.2022 and the applicant was directed to file discharge application before the court concerned under Section 239 Cr.P.C. The order dated 31.8.2022 is reproduced herein as under:-

"Heard learned counsel for applicant and learned A.G.A. representing opposite party No. 1.

This application under section 482 Cr. P. C. has been filed to quash the charge-sheet dated 9.7.2020 arising out of Case Crime No.02 of 2019 under Sections 420, 406 IPC, P.S.-Harduaganj, District-Aligarh and also the cognizance and summoning order passed by ACJM, Court No.6 in Case No.1167 of 2021 (State vs. Deshraj).

It is well settled that charge sheet can be challenged only on limited grounds namely criminal proceedings are not maintainable before the Court concerned or Court has no jurisdiction to entertain the same. Grounds urged by learned counsel for applicant in challenging to the impugned charge sheet relate to disputed defence of applicant, which cannot be taken into consideration in proceedings under Section 482 Cr. P. C.

In view of above, no case for interference is made out. Consequently, prayer for quashing the charge sheet is refused.

So far as direction to Court below to consider the discharge application of applicant in terms of Section 239 Cr.P.C. is concerned, it is provided that in case any discharge application is filed by applicant before Court below, same shall be considered in accordance with law.

With the aforesaid direction, the application is finally disposed of."

6. Learned counsel for the applicant has further stated that the said discharge application was rejected vide order dated 13.9.2022 by the trial court, as such, the applicant had challenged the said order before this Court by filing Criminal Revision No.4149 of 2022, which was dismissed vide order dated 6.4.2023 by this Court. Subsequent to it, the applicant had filed another petition under Section 482 Cr.P.C. for quashing the entire proceedings and the orders dated 1.5.2023 and 12.4.2023, which was also disposed of vide order dated 11.7.2023 of this Court passed in Application U/S 482 Cr.P.C. No.22332 of 2023. The order dated 11.7.2023 is reproduced herein as under:-

"Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the orders dated 01.05.2023 and 12.04.2023 as well as entire proceedings of Case No. 1167 of 2021, (State v. Deshraj and others) arising out of Case Crime No. 02 of 2019, under