SAMEER JAIN
Rajesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Ms. Chhaya Gupta, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned A.G.A. for the State.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0646 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Sadar Bazar, District Shahjahanpur, with a prayer to enlarge him on anticipatory bail.
Brief facts
3. FIR of the present case was lodged against applicant and eight others on 19.09.2023 and according to the FIR, applicant was District Social Welfare Officer, Shahjahanpur and he with the help of his four private computer operators misappropriated the public money of Rs.2 crores 52 lacs 39 thousand with the help of touts and mediators by changing bank accounts of old age pensioners.
Submissions advanced on behalf of applicant
4. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant never misappropriated any money. She further submitted that applicant was transferred to Shahjahanpur in the month of December, 2021 and on the direction of Director Social Welfare Officers, Lucknow, U.P., the work was given
Siddharth Vs. State of Uttar Pradesh and another (2022) 1 SCC 676
Pratibha Manchanda and another Vs. State of Haryana and another (2023) 8 SCC 181
Shri Gurbaksh Singh Sibbia and others Vs. State of Punjab (1980) 2 SCC 565
Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others (2011) 1 SCC 694
The execution of process under Section 82 and 83 Cr.P.C. against an applicant may render them not entitled to anticipatory bail, but the court may consider their bail application expeditiously based ....
The court denies anticipatory bail to the applicant due to the execution of process under Section 82 and 83 Cr.P.C. However, it provides an opportunity for the applicant to apply for bail after surre....
The court emphasized the delicate balance between personal liberty and societal interest in deciding anticipatory bail applications, considering the nature and gravity of the accusation, the accused'....
Bail applications in subordinate courts should be decided within one week and in High Courts within two-three weeks.
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