Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37970 of 2019 Applicant :- Pradeep Kumar @Pradeep Bhati Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mrityunjay Dwivedi,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Ishwar Chandra Tyagi, Advocate states that his name has been shown as counsel for the applicant, in fact, he is appearing for the first informant.
Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, Sri Ishwar Chandra Tyagi, learned counsel for the informant as well as learned A.G.A. for the State.
The present anticipatory bail application has been filed by the applicant- Pradeep Kumar @Pradeep Bhati in Case Crime No. 199 of 2019, under Sections 420, 406 I.P.C., Police Station- Sight-5 (Greater Noida), District- Gautam Budh Nagar with the prayer to grant anticipatory bail to him.
I have perused the averments made in the first information report, the order by means of which the anticipatory bail application has been rejected by the court below as well as the material placed on record.
Submission of the learned counsel for the applicant is that even as per the allegations made in the first information report no amount was ever transferred in the account of the applicant and false allegation has been made in the F.I.R. The applicant has been implicated being the brother of Sachin Bhati in whose account several crores of rupees have been transferred. Therefore, the case of the applicant is distinguishable from that of co-accused Sachin Bhati. Thus, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for anticipatory bail and submitted that the applicant and his real brother Sachin Bhati had formed a gang in which they have cheated several gullible persons to a tune of several crores of rupees and they are hand-in-glove with each other. Investigation is going on and evidence is yet to be collected and during investigation statements of thirteen persons have been recorded who have stated about active participation of the applicant in the scam.
After hearing learned counsel for the parties and after perusing the allegations made in the first information report and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment and the facts as advanced by the learned A.G.A. and the fact that it is a case of scam of huge amount in which the applicant and his brother are the kingpin, no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 27.9.2019 Vikas