Ashutosh Kumar Singh vs. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Held

The Court allowed the bail application. The Court considered the nature of the offense, the evidence, the complicity of the accused, the severity of punishment, and the submissions of both parties. While acknowledging the allegations of misappropriation of Rs. 12,71,294/- for GST deposits, the Court noted the applicant's claim of false implication and the informant's alleged own involvement in misappropriation. The applicant's willingness to deposit Rs. 4,00,000/- within 45 days of release was also a significant factor. The Court granted bail subject to the applicant furnishing a personal bond with two sureties, depositing Rs. 4,00,000/- within 45 days of release (or depositing it with the trial court if the informant refused), not tampering with evidence, cooperating with the trial, and not indulging in criminal activity. The Court explicitly stated that these observations were for the bail application only and would not affect the trial.

Facts

This is a bail application filed by Ashutosh Kumar Singh (the applicant) in Case Crime No. 35/2023, under Sections 420, 467, 468, 471 IPC, at Police Station Ghazipur, District Lucknow. The applicant was arrested on October 5, 2023. The informant alleges that the applicant misappropriated Rs. 12,71,294/- which was given for depositing as GST. The applicant claims he has been falsely implicated and that the informant is himself accused of misappropriation. The applicant is willing to deposit Rs. 4,00,000/- within 45 days of his release. The applicant has no criminal antecedents.

Key Issues

1. Whether the applicant is entitled to be released on bail in Case Crime No. 35/2023, under Sections 420, 467, 468, 471 IPC, considering the allegations of misappropriation of Rs. 12,71,294/- for GST deposits. Petitioner's Arguments: - The applicant has been falsely implicated. - The amount given by the informant has been deposited, and receipts provided. - The informant is himself accused of misappropriation and has lodged a false case to shield his misdeeds. - Financial transactions were routine and not misappropriation. - The applicant is ready to pay Rs. 4,00,000/- to the informant within 45 days of release, showing bonafide. - The applicant has no criminal antecedents and is not likely to abscond or misuse liberty. Revenue's Arguments: - The applicant defrauded the informant of Rs. 12,71,294/- - Given the magnitude of the offense, the applicant is not entitled to bail.