Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51768 of 2019 Applicant :- Shyam Sundar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Shyam Sundar, in the event of his arrest in Case Crime No.70 of 2019, u/s 420, 467, 468, 471 I.P.C., P.S.-Sirsaganj, District-Firozabad.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the case with malicious intention. It has been further contended that the applicant has reason to believe that he may be arrested on the basis of accusation that has been made against him for having committed the alleged offence, therefore, in the event of such arrest he may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
A large scale fraud has been committed in the bank and there are allegations against the applicant to be a part of the conspiracy and being one of the persons who are complicit in managing, facilitating and completing the criminal transaction. The applicant has neither submitted to the jurisdiction of the court nor has been arrested so far. It appears that the nature of accusations is such that investigation in the case must have allowed to have its full swing and the interrogation of the applicant shall be necessarily essential for the purpose of effective investigation. This Court does not propose to put a spanner in the independent fair investigation in any manner whatsoever, specially keeping in view the nature of accusation and the crime that has been committed and the involvement of the applicant which has surfaced on preliminary investigation.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and the material in support of the same, I find no good ground for grant of anticipatory bail to the applicant.
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.11.2019 M. Kumar