Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38245 of 2019 Applicant :- Hariom Saini Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application moved for grant of anticipatory bail moved under Section 438 Cr.P.C. by Hariom Saini, in Case Crime No. 276 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Majhola, District Moradabad.
Learned counsel for the applicant argued that accused applicant is of no concern because he was Sales Manager and alleged policy of insurance policies were made by agents, for which they were responsible. Moreso, no money was paid rather policies were cancelled. Hence, there was no loss. Applicant has already resigned in year 2015 and is of no concern. Police is to arrest him. Hence, this anticipatory bail application.
Learned A.G.A. opposed the prayer for anticipatory bail application with contention that applicant, being Sales Manager at above office of Insurance Company, was responsible to check and ensure that agents have rightly entered in insurance policies but it was deliberate and then after this resulted in many policies whereof in period of present applicant too. Forged and fictitious documents regarding insurance papers, already died persons, were prepared and when claim were submitted, this fraud was detected. Offence is very heinous. Hence, bail be rejected.
Having heard learned counsels for both sides and gone through the rival contentions and considering the nature and gravity of accusation, previous criminal antecedents argued by learned AGA, it is a white colour offence of executing insurance policies in the name of persons who are already dead, it is not a fit case for grant of anticipatory bail.
In view of aforesaid, the application for anticipatory bail is, accordingly, rejected.
Order Date :- 26.9.2019 Kamarjahan