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2025 DAILYLAW 125851 (ALL)

ANIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/189/2025 · 2025-02-28

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12394 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 189 of 2025 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Gyanendra Pathak,Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Hemand Kumar Pandey, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicant, counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0961 of 2024, under sections 319(2), 318(4), 338, 336(3), 340(2), 316(2), 352 and 351(3) of B.N.S. P.S.- Kotwali Nagar District - Gonda. From perusal of the first information report as well as the record, it transpires that the applicant including the other co- accused persons have misappropriated the huge amount while committing cheat & fraud. The matter pertains to the Economic Offences, which are 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, Anil Kumar, is hereby rejected. Consigned to records. Order Date :- 28.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench