Ravi Sharma v. State of U.P

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11517 of 2023 Applicant :- Ravi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Manit Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for applicant, learned A.G.A. for State and also perused the material available on record.

¶2The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 171 of 2023, under Sections 381, 419, 420, 467, 468, 471 IPC, P.S.Kotwali, District Gorakhpur, during the pendency of trial.

¶3Allegation against the applicant is that he had stolen the cheque books and by forging the signature of the Principal of the Institution, fraudulently got transferred a sum of Rs. 1,08,500/- in his account.

¶4It is submitted that in this case applicant is innocent and has been falsely implicated by the police with ulterior motive. It is further submitted that there is delay in registration of the FIR. There is no credible evidence to connect the applicant with the crime in question. The applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the trial.

¶5Learned Additional Government Advocate, has opposed the prayer for granting anticipatory bail to the applicant. It is further submitted that matter is very serious innature, in which the applicant is alleged to have stolen cheque books of the Institution and after forging signature of the Principal got transferred a huge sum, therefore, no case for bail is made out.

¶6In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, this Court is of the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.

¶7Accordingly, this application under Section 438 Cr.P.C. is rejected. Since, applicant is directed to move regular bail application before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously in accordance with law. Order Date :- 30.10.2023 RavindraKSingh High Court of Judicature at Allahabad