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KRISHAN PAHAL
Anil Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. List has been revised.
2. Heard Sri Prabhakar Awasthi and Sri Niraj Kumar Dwivedi, learned counsels for the applicant and Sri I.K. Chaturvedi, learned Advocate assisted by Sri Rajat Sharma, learned counsel for the informant as well as Sri R.P. Patel, learned A.G.A. for the State and also perused the record.
3. Applicant seeks bail in F.I.R./Case Crime No. 55 of 2023, under Sections 420, 409, 467, 468, 471 IPC, Police Station Sujanganj, District Jaunpur, during the pendency of trial.
PROSECUTION STORY:-
4. As per prosecution story, the applicant is stated to be the Additional Clerk in the institution being run by the informant, who happens to be its manager. The job of the applicant was to take care of the documents of the College including pertaining to the bank accounts in Union Bank of India, Branch Sujanganj, Jaunpur and he used to take care of all the transactions. Without any information, the applicant is stated to have absented himself since 9.3.2022. Despite many letters and reminders being sent to the applicant, no clarification was accorded by him. On suspicion, the statement of the account of the institution was taken from the Bank which indicated that an amount
Bail is a rule and refusal is an exception, and it should not be withheld as a punishment. The decision to grant bail is based on the nature of the offence, evidence on record, and the absence of a c....
The court granted bail based on the lack of evidence against the applicant and the absence of prior criminal history, emphasizing the need for fair trial conditions.
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.
The court denied anticipatory bail due to substantial evidence of embezzlement and forgery against the petitioner.
Legitimate employment opportunities are attained solely through merit and diligent effort, and the broader societal implications inherent in cases of fraudulent promises of employment.
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