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2025 DAILYLAW 123066 (ALL)

YADUNATH v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME AND 3 OTHERS

ABAIL/210/2025 · 2025-02-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9593 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 210 of 2025 Applicant :- Yadunath Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Santosh Kr. Yadav Warsi,Ankur Yadav,Deepesh Kumar Yadav,Vikram Yadav 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.0149 of 2024, under Sections 419, 420 & 409 I.P.C., Police Station Jalalpur, District Ambedkar Nagar. From perusal of the F.I.R. as well as the record, it transpires that the applicant has committed the offence as public fund is misappropriated by the applicant. 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. Considering the complicity of the accused and the gravity of offence, this Court do not find any good ground to intervene in this matter. Consequently, the instant anticipatory bail application is hereby dismissed. Consigned to records. Order Date :- 14.2.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench