RAJEEV KUMAR DUBEY
Abhilasha Prajapati – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This is the second application under Section 438 of the Cr.P.C. for grant of anticipatory bail. Applicant Abhilasha Prajapati apprehends his arrest in connection with Crime No.RC0082018A0001 registered at Police Station CBI, ACB, District Bhopal for the offence punishable under Sections 120B, 420, 471 of IPC and Section 13 (2) r/w Section 13 (1) of the Prevention of Corruption Act, 1988.
2. The first anticipatory bail application of the applicant has been dismissed for want of prosecution by this Court vide order dated 09.11.2021 passed in M.Cr.C.No.28779/2021.
3. As per prosecution case, co-accused Rajesh Chutani, the then Chief Manager of Punjab National Bank, Branch Jumerati, Bhopal abused his official position and entered into a criminal conspiracy with applicant Abhilasha Prajapati, proprietor of M/s. Abhilasha & Company, co-accused Narendra Prajapati, Mahesh Agrawal and other unknown persons and in pursuance thereof dishonestly and fraudulently sanctioned and disbursed Cash Credit Limit of Rs.4 crores in the name of M/s. Abhilasha & Company while applicant Abhilasha Prajapati, Proprietor of M/s. Abhilasha & Company was not eligible for the loan as per the available d
The seriousness of economic offences, the impact on society, and the larger interest of the public and State are important considerations in deciding on anticipatory bail applications in cases involv....
The seriousness of economic offences and the need for a different approach in bail considerations for such cases.
The main legal point established is that the custodial interrogation for anticipatory bail may not be necessary if the allegations are related to a banking transaction and if the co-accused has alrea....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
Bail applications in subordinate courts should be decided within one week and in High Courts within two-three weeks.
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