MOHD. AIJAZ MALIK v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME DECTT. LKO AND ANOTHER
ABAIL/138/2025 · 2025-01-30
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120545 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120545 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6457 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 138 of 2025 Applicant :- Mohd. Aijaz Malik Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Dectt. Lko And Another Counsel for Applicant :- Mohammad Irfan Siddiqui,Anjum Ara 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 application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0222 of 2022, under Sections 406, 504, 506 IPC, Police Station Cantt, District Ayodhya. From perusal of the allegations made in the first information report and the records thereof, it transpires that the applicant has misappropriated the amount and even he did not hand over the Truck to the purchaser/informant. This is a matter where, prima facie, financial fraud seems to be committed. 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. Apprehension of arrest has also been denied. Thus, this Court does not find any good ground to intervene in this matter. The instant anticipatory bail application of the applicant is hereby dismissed.
Order Date :- 30.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench