JITENDRA KUMAR @ JITENDRA KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/341/2025 · 2025-03-21
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129296 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16369 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 341 of 2025 Applicant :- Jitendra Kumar @ Jitendra Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed notices to opposite party no.2 stands dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.058 of 2021 under Sections 406, 419, 420, 467, 468, 471, 120B, I.P.C, P.S. Aliganj, District Lucknow. 4. As per allegations levelled in the first information report, applicant is alleged to have defrauded informant of substantial amounts in lieu of providing employment to persons furnished by informant-firm, which is an outsourcing firm. It has been submitted that despite such amounts having been transferred in account of applicant, employment was not provided. 5. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him inasmuch as transaction indicated was in lieu of earlier payments due to applicant from informant for the purposes of payment of wages of persons provided by informant and his firm. 6. It is submitted that despite the fact that first information
report has been lodged in year 2021, charge sheet has not yet been filed and investigation is on ongoing. 7. It is submitted that subsequent criminal history of applicant has been explained in affidavit field in support of the application. 8. Mr. Nikhil Singh, learned Additional Government Advocate- I has opposed Anticipatory Bail Application with submission that charge-sheet could not be filed since applicant is absconding and for which purpose non-bailable warrant has already been issued against him. It is submitted that a prima facie reading of first information report clearly makes out a case against applicant. 9. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that allegations levelled against applicant pertain to certain financial transactions between applicant and informant and his firm which appeared to be business-transaction. 10.
However, it is also evident and admitted that upon submission of learned Additional Government Advocate that applicant is not cooperating in investigation leading to issuance of non-bailable warrant. 11. In such circumstance, looking to gravity of charges and particularly non-cooperative attitude of applicant during investigation, this Court does not find any good ground to grant indulgence in the matter. 12. Anticipatory Bail Application is accordingly rejected. Order Date :- 21.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench