Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5951 of 2021 Applicant :- Mohit Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the Purpose of Taking Preventive and Remedial Measures and for Combating the Impending Threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Mohit Kumar Sharma, in Case Crime No.0721 of 2020, under Sections-420, 467, 468, 471, 406, 504, 506, 134 I.P.C., Police Station-Hapur Nagar, District-Hapur.
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.
The applicant is the Branch Manager of Axis Bank. There was business dispute between other co-accused persons. The allegation against the applicant is that he has opened fraudulent account to help the other party of the informant.
Learned counsel for the applicant has submitted that the applicant opened the account in due course of performance of his duties. There is no allegation what collusion was between the applicant and co-accused persons. How he opened the fraudulent account has not been stated. He has submitted that on account of dispute between the co-accuseds persons, he has been falsely implicated. He is already of interim anticipatory bail vide order dated 19.03.2021.
No counter affidavit has been filed by the learned AGA, despite time granted.
The order dated 19.03.2021 is confirmed. The applicant shall remain on anticipatory bail till cognizance is taken by the court on police report, if any, under section 173 (2) Cr.P.C. before the competent Court on the same terms and conditions as given in the order dated 19.03.2021.
The anticipatory bail application is allowed.
Order Date :- 13.4.2021 SS