Allahabad High Court
Anil Kumar Pandey (Anticipatory Bail) vs State Of U.P. & Anr on 21 January, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- BAIL No. - 669 of 2020 Applicant :- Anil Kumar Pandey (Anticipatory Bail) Opposite Party :- State Of U.P. & Anr Counsel for Applicant :- Sushil Kumar Singh Hon'ble Dinesh Kumar Singh,J.
1. The present application under Section 438 Cr.P.C. has been filed by the accused-applicant apprehending arrest in FIR registered at Case Crime No.202 of 2014, under Sections 419, 420, 467, 468, 471, 409, 120B, 201 and 204 IPC, Police Station Mishrikh, Sitapur.
2. Allegations in the FIR are that the accused including the accused-applicant have misappropriated and indulged in financial irregularities to the amount of Rs.4,89,30,654/-. The FIR in detail has described the role of each and every accused in commission of the offence.
3. Learned Sessions Court after considering the allegations in the FIR and the submissions of the accused and the prosecution has dismissed the application on the ground that two co-accused have been denied regular bail by the Sessions Court. Charge-sheet against two accused have been filed under Section 409, 420, 467, 468 IPC. It appears from the order passed by the learned Sessions Court that the accused-applicant has not been fully cooperating in the ongoing investigation.
4. Considering the allegation and gravity of the offence, this Court does not think it proper to grant anticipatory bail to the accused-applicant. In view thereof the present application is rejected.
5. However, considering the submissions of learned counsels for the accused-applicant, Mr. Jyotindra Mishra, Senior Advocate and Mr. Sushil Kumar Singh that the accused-applicant is suffering from the heart ailment and a pace maker has been installed on his heart, it would be appropriate to grant him time till 23.01.2020 to appear before the Sessions Court and apply for regular bail. If the accused-applicant applies for regular bail, his bail application shall be considered expeditiously in accordance with law without being influenced by any of the observation of this Court or by the Sessions Court.
Till 23.01.2020 no coercive step shall be taken against the accused-applicant.
Order Date :- 21.1.2020/prateek