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DINESH KUMAR SINGH
Rajneesh Kumar – Appellant
Versus
Union of India – Respondent
ORDER :
1. The present applications under Section 438 Cr.P.C. have been filed by the accused-applicants seeking anticipatory bail apprehending their arrest in FIR registered by the Central Bureau of Investigation (for short ‘CBI’) EO-1, New Delhi in RC No.219 2019 E 0004, Police Station CBI/EO-1, New Delhi, under Sections 120-B read with 420, 468 and 471 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and substantive offences thereof.
2. The facts, in brief, are that M/s H.K. Enterprises is a partnership firm and it has two partners, Harmesh Kumar and Ravindra Ahlawat. A case was registered on 10.6.2019 on the basis of a complaint dated 15.1.2019 of Sri Pawan Kumar Gaur, AGM/Regional Head, Union Bank of India (UBI), Regional Office, Meerut, U.P. alleging that borrowers and guarantors i.e. M/s H.K. Enterprises and its partners during the period of September, 2017 entered into a criminal conspiracy and in pursuance thereof, they submitted false/forged documents along with the loan application. On the basis of these documents, a Cash Credit Limit of Rs.20 Crores was sanctioned to M/s H.K. Enterprises on 24.10.2017 by Union Bank of India, Regional Office,
The main legal point established in the judgment is the need for a different approach in the matter of bail for economic offences, considering the severity of punishment, nature of accusations, and t....
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 ....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
Bail in economic offences should be denied to protect the larger public and state interest and prevent tampering with witnesses.
The seriousness of economic offences and the need for a different approach in bail considerations for such cases.
The judgment establishes that the grant of anticipatory bail in economic offences is an extraordinary remedy and should be considered only in exceptional cases, balancing the rights of the accused wi....
The court ruled that mere participation as a guarantor does not exempt an individual from culpability in allegations of economic offenses, emphasizing the gravity of the charges and the necessity for....
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
The triple test for grant of bail in cases involving economic offences under the PMLa is:
* Whether there are reasonable grounds for believing that the accused is not guilty of the offence;
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