Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8977 of 2021 Applicant :- Ram Naresh Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Padia Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicant Ram Naresh Chaudhary in Case Crime No. 0022 of 2021, under sections 406, 409 I.P.C., P.S.- Belharkalan, District - Sant Kabir Nagar.
Submission of the learned counsel for the applicant is that the applicant is the Manager of the alleged educational institution where an amount of Rs. 13,12,000/- was received for distribution of scholarship to the minority class students but the same was not distributed and was deposited in the college account. The matter was investigated by the administrative authorities and when it was inquired, the applicant returned the whole money before lodging of the first information report. Subsequently on being asked, he also returned the entire interest thereon. Therefore, the submission is that there is no mens-rea on the part of the applicant who is at present 80 years old, therefore, prima-facue case of anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that the first information report which has been lodged for misappropriate of Government money and accusation is serious. Therefore, there is no reason for giving benefit of anticipatory bail to the accused-applicant.
Considered the submissions of both the sides, the accusation and offence is serious and relates to criminal misappropriation of public funds. the fact that the accused-applicant did not used the same for his own benefit and returned the same prior to lodging of the first information report, should be relevant when the regular bail application is given. In such kind of cases, there is no scope of anticipatory bail. it is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and dispose of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 30.7.2021 sailesh