Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8353 of 2019 Applicant :- Vishnu Dutt Budhauliya Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No. 678 of 2018, under Sections - 420, 467, 468, 471 I.P.C. & 66D Information Technology Act, I.P.C., Police Station - Nawabad, District - Jhansi.
Applicant claims to have been falsely implicated in this case. Nothing has been done by the applicant. Neither any amount has been embezzled nor has been misappropriated. His case is very much distinguishable from other co-accused. There is no possibility of the applicant's absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 7.1.2019.
Per contra, learned A.G.A. has submitted that in this case, the applicant has acted in consultation with the co- accused - Abhishek Bhadauriya, who is the son of the applicant and by misusing his authority, a sum of Rs.12 lakhs have been duped of the informant, for which the applicant owes graver responsibility than that of his son Abhishek Bhadauriya.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
It is made clear that the observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 26.2.2019 S Rawat