Allahabad High Court
Mithlesh Kumar Chaudhary vs State Of U.P. on 8 October, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6715 of 2020 Applicant :- Mithlesh Kumar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Anish Kumar Sinha,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Rajiv Lochan Shukla / Sri Ananapati Tiwari, learned counsels for the applicant and Mrs. Manju Thakur, learned A.G.A. for the State.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant, Mithlesh Kumar Chaudhary, seeking anticipatory bail during the course of investigation in Case Crime No. 176 of 2020, under Sections 409, 406, 403, 420, 467, 468, 471, 120-B I.P.C., P.S. Thanabhwan, District Shamli.
Learned counsel for the applicant argued that the applicant at the time of occurrence was posted as Bank Manager of Punjab National Bank. The allegation in the FIR is of opening a bank account in his branch by the applicant in which amount of Rs. 1,32,21,000/- was credited in the bank account opened in the name of a sugarcane society which was subsequently withdrawn by different modes using the letter head of the said society. It is argued that the applicant is not involved in the present matter, he has been falsely implicated therein.
Per contra, learned A.G.A. opposed the prayer for anticipatory bail and argued that the reading of the FIR shows that the act is a well knit act in conspiracy with a lot of persons involving crores of rupees.
After having heard learned counsel for the parties and perusing the record, it is apparent that a bank account was opened in the name of a sugarcane society in which three cheques amounting to Rs. 1,32,21,000/-were deposited and the amount was withdrawn by various means and then the account was made inoperative. Even a cheque-book was issued by a manual process and handed over to a stranger without following the procedure of issuing and delivering a cheque-book by post. A draft from the deposited amount was got prepared in the name of a firm different from the requisitioned firm and no documents are available with the bank. The applicant was the Branch Manager of the branch.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant,Mithlesh Kumar Chaudhary, involved in Case Crime No.176 of 2020, under Sections 409, 406, 403, 420, 467, 468, 471, 120-B I.P.C., P.S. Thanabhwan, District Shamli.
Accordingly, the anticipatory bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.10.2020 AS Rathore (Samit Gopal,J.)