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SAMIT GOPAL
Badri Narayan Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Samit Gopal, J.
Heard Sri. Rakesh Pandey, learned Senior Advocate assisted by Sri. Yashaswin Venugopal Bajpai and Ms. Vishakha Pande, learned counsels for the applicant, Sri. Rupak Chaubey, learned AGA for the State and perused the records.
2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Badri Narayan Tiwari, seeking enlargement on bail during trial in connection with Case Crime No. 0206 of 2019, under Sections 420, 467, 468, 471, 409, 201, 120-B IPC, registered at P.S. Dadri, District Gautam Budh Nagar.
3. The present case started on an F.I.R. being lodged on 12.02.2019 by Sunil Kumar Meena s/o Devi Lal Meena resident of Flat No.- GF1, Bhavya Praide Apartment, S.K.I.T. Engineering College near Jagatpura, Jaipur against Sanjay Bhati, Rajesh Bhardwaj, Sunil Kumar Prajapati, Dipti Bahal, Sachin Bhati and Karan Pal Singh alleging that in the first week of October he entered into an agreement with a Bike Taxi Company by depositing Rs. 34 lakhs. The name of the company was Bike Bot powered by Gravit Innovative Promoter Limited, the owner of the said company is Sanjay Bhati and the other directors of the company are Rajesh B
The court denied bail based on the serious nature of the charges, the applicant's criminal history, and his role as a beneficiary in a significant fraud scheme.
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
Point of Law : Even a single case, if fulfils the category of offences given under Section 2(b) (i) to (xv) of Act and is being committed by gang defined under Section 2 (b) or gangster defined under....
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Anticipatory bail in economic offences requires stringent scrutiny; the applicant's involvement in a large-scale scam and risk of flight justified denial of bail.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
Bail applications must weigh the severity of fraud allegations and compliance with procedural requirements under criminal law before granting bail.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
The prolonged pretrial detention without trial is a key reason for granting bail, emphasizing the right to a timely trial.
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