Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51985 of 2019 Applicant :- Arvind Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Dadhi Bal Yadav,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Arvind Kumar in the event of his arrest in Case Crime No. 219 of 2017, under Sections 419, 420, 467, 468, 471 and 120B I.P.C., P.S. Chowk, District Varanasi.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that no specific role of the applicant has been assigned. The other co-accused have been granted bail by another Benches of this Court, hence the applicant may also be released on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that as per allegations made in the F.I.R. lodged by Smt. Devi Jee, posted as Chief Branch Manager, Chowk Branch, Varanasi, the incident of cheque cloning has been discovered and in the said F.I.R. one Ramesh Singh was named. During the course of investigation one Anand Singh @ Mohit was arrested and from his possession several cheques of several banks, videos containing the signatures and the cheque details of various persons having accounts and other incriminating materials were recovered. On interrogation the said arrested person namely Anand Singh @ Mohit disclosed the modus operandi of operating a gang and fabricating cloned cheques. Several persons have been named in his statements along with the applicant. The offence is a serious case of fraud and requires detailed investigation.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and material in support of the same I find no good ground for grant of anticipatory bail to the applicant .
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.11.2019 CPP/-Naresh