Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15330 of 2021 Applicant :- Dhiraj Agrawal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
(1) Heard Shri Satyendra Narayan Singh, learned counsel for the applicant and learned A.G.A and perused the record.
(2) The instant application is being moved by the applicant namely, Dhiraj Agrawal invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.637 of 2017, under Sections 420, 409, 467, 468, 471, 120B I.P.C. and Section 66-C Information Technology Act, Police Station-Kotwali, District- Mathura.
(3) From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the Court of Sessions vide order dated 07.07.2021.
(4) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
(5) Learned counsel for the applicant has submitted that amount of Rs.1,50,000/- was withdrawn by co-accused Radha Raman and later on amount has been deposited in bank. It is also submitted that applicant is cashier in Mathura District Cooperative Bank. He has nothing to do with the offence but he was bound to make the payment after clearance of the cheque by the Bank-Manager, who has been exonerated.
(6) Learned AGA has opposed the anticipatory bail of the applicant.
(7) Taking into account the severity of allegations, this Court feels that in order to have indepth probe into the matter, the Investigating Officer of the case should be given fullest liberty to choose its own course for the transparent investigation. Hence, this Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 30.9.2021 Ashutosh Pandey