Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13252 of 2018 Applicant :- Manish Kumar Chaubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Bhardwaj,Mohan Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.488 of 2017, under Sections 420, 467, 468 I.P.C. registered at Police Station Kotwali Orai, District Jalaun.
Prosecution story, as per FIR, is that a company was opened in the name of Sun Life Agro & Capital Consultant, registered under Act 1956, in which the accused applicant was Chairman/Director of the said company. It is further alleged that Girja Shankar Rai and Chhedi Lal Patel were also Director and owner of the company. It is also alleged that complainant as well as persons deposited money in the said company by way of RD/FD. The total deposited amount is near Rs.10 crore. On asking return money, complainant and others received fake cheque which were dishonoured and now company also closed the branch and also not picking the phone.
Learned counsel for the applicant contends that he has been falsely implicated in this case due to ulterior motive. It is further contended that no specific amount was disclosed by the complainant and other witnesses which were alleged to have been deposited in the company account. It is also contended that no material evidence regarding bouncing of cheques has been produced to support the prosecution version. It is also contended that no specific calculation regarding deposit and withdrawal was made by the complainant. It is also contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses and he is in jail since 11.03.2018.
Per contra, learned A.G.A. contended that specific role is assigned to the applicant as he was the Director of the alleged company and committed offence under Sections 420, 467, 468 I.P.C. by grabbing huge money of Rs.10 crore of complainant and other persons deposited in the said company by FD/RD and bond and cheques which were provided to them have been dishonoured as the same were forged. The applicant and his companion ran away after closing the company which clearly shows the intention of the applicant to grab the deposited money. It is also contended that the applicant is having criminal history of one case registered under Section 307 I.P.C. and he is behind the bars in the said case. It is also submitted that there is chance of his absconding or tempering the prosecution evidence, hence he should not be released on bail.
Having considered the submissions raised by the learned counsel for the applicant and the objections raised by the learned A.G.A., I have judiciously considered the relevant factors including the gravity and severity of the offence, nature of the crime and criminal antecedents of the applicant. I am not inclined to accept the contention raised by counsel for the applicant at this stage as specific role has been assigned to the applicant for committing offence under Sections 420, 467, 468 I.P.C. Without expressing any opinion on the merits of the case, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant on bail. Accordingly, the prayer for bail is refused.
Order Date :- 26.7.2018 Anand Sri./-