SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/43/2025 · 2025-01-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117918 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117918 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3488 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 43 of 2025 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma 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. 821 of 2024, under sections 316(2), 318(4), 338, 336(3), 340(2), 352, 351(2) of the B.N.S., Police Station-Dewa, District-Barabanki. From perusal of the allegations made in the first information report and the records thereof, it transpires that the instant matter pertains to the financial fraud, which are the offences 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, Shiv Kumar, is hereby rejected.
Order Date :- 20.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench