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MANJU RANI CHAUHAN
Himanshu Kanaujiya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record. Office is directed to register the same.
2. Heard Mr. Vijai Prakash Yadav, learned counsel for the applicant, Mr. Arunesh Kumar Singh, learned counsel for the informant and Mr. D.P. Singh, learned AGA for the State.
3. The instant bail application has been filed on behalf of the applicant, Himanshu Kanaujiya with a prayer to release him on bail in Case Crime No. 369 of 2023, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station-Kotwali, District-Jaunpur, during pendency of trial.
4. As per the allegation in the FIR, the applicant, promising to provide job to the informant, has taken Rs.1,60,000/- in his account and about Rs.4,00,000/- in cash and has given an appointment letter, which was found to be forged.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to mala fide intentions. He further submits that Rs.1,60,000/-, which has received in his account, is the money which the informant had taken from the applicant's mother and returned the same. He further submits that in order
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 main legal point established in the judgment is the need to balance the prevention of harassment and unjustified detention of the accused with the need for a free, fair, and full investigation wh....
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 determined that allegations of misappropriation reflected a civil dispute rather than criminal intent, allowing bail based on the absence of prior criminal history and ongoing civil complai....
Bail should not be granted in cases involving cheating and creation of false documents to cheat a large number of unemployed youth, as it would be detrimental to the case and to the public's trust in....
Grant of anticipatory bail is extraordinary relief and should be sparingly used, especially in cases of economic offences.
The court affirms that anticipatory bail may not be granted where serious allegations threaten the integrity of a criminal investigation.
Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.
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