Sahab Deen Gupta ( in Fir Sahabdeen @ Vijay Gupta) v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2769 of 2024 Applicant :- Sahab Deen Gupta ( In Fir Sahabdeen @ Vijay Gupta) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyam Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 556 of 2023, under sections 427, 471, 468, 467, 420, 419 of the I.P.C., Police Station-Kotwali Nagar, District-Sultanpur. The instant matter pertains to the financial fraud and a huge money of the investors is duped and the matter pertains to the financial fraud, which is the class apart. This court is also aware of the law laid down by the Hon'ble Apex Court in the case of P.Chidambram Vs. Directorate of Enforcement, reported in

(2019)9 Supreme Court Cases, 24, wherein it has been held that case of economic offences are of different class as they affect the economic fabric of the society and therefore, the power under section 438 of the Cr.P.C., be exercised sparingly and in such matters, the bail applications must be granted in exceptional cases, after application of mind in relation to nature and gravity of accusation, possibility of applicant fleeing justice and other factors. Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Application of arrest has also been denied. Thus, this court does not find any good ground to intervene in this matter. The anticipatory bail application of the applicant, Sahab Deen Gupta (In Fir Sahabdeen @ Vijay Gupta), is hereby rejected. Order Date :- 18.12.2024 AKS High Court of Judicature at Allahabad, Lucknow Bench