Bhaskar vs. State Of U.P.
Held
The Court considered the submissions of both parties, the nature of the accusations, and all attending facts and circumstances. The Court found that the applicant was not entitled to anticipatory bail. The reasoning appears to be based on the gravity of the alleged offense, which involved a significant sum of money (Rs. 65 lakhs) and the applicant's alleged involvement in receiving a portion of these fraudulently withdrawn funds. The Court's decision implies that the allegations, if true, point to serious criminal conduct, and the need for a thorough investigation, potentially including custodial interrogation, outweighs the applicant's claim for anticipatory relief. The specific amount of Rs. 2,26,000/- that the applicant was willing to return was not sufficient to sway the Court's decision. No specific provisions of the GST Act were discussed as the case was primarily under IPC sections related to cheating and criminal breach of trust, and the GST aspect was part of the alleged modus operandi.
Facts
This case involves an application for anticipatory bail filed by Bhaskar Sao (the applicant) in connection with Case Crime no. 533 of 2021, registered under Sections 420 and 406 of the Indian Penal Code at P.S. Sikandra, District Agra. The prosecution alleges that a gang of individuals, including the applicant, illegally withdrew a total of Rs. 65 lakhs from six accounts by falsely claiming GST and account balance maintenance. The applicant claims innocence, stating that only Rs. 2,26,000/- was transferred into his account by unknown persons, which he is willing to return. He also undertakes to cooperate with the investigation and trial. The State, through the learned A.G.A., opposed the bail application, arguing that the applicant was part of a gang involved in the fraudulent withdrawal of Rs. 65 lakhs, and custodial interrogation might be necessary.
Key Issues
1. Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in light of the allegations of cheating and criminal breach of trust involving a sum of Rs. 65 lakhs, considering the applicant's alleged involvement in receiving a portion of the funds. Arguments for the applicant: The applicant is innocent and has no credible evidence against him. He is willing to return the Rs. 2,26,000/- received in his account and undertakes to cooperate with the investigation and trial. No coercive process has been issued against him so far. Arguments for the State (Opposite Party): The applicant was part of a gang that illegally withdrew Rs. 65 lakhs from multiple account holders. Some of these funds were transferred to the applicant's account, necessitating thorough interrogation and potentially custodial interrogation.
AI-generated summary — verify with the full judgment below
Court No. - 75 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6186 of 2022 Applicant :- Bhaskar Sao Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Goyal,Shashi Dhar Sahai Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 533 of 2021, under Sections 420, 406 IPC, P.S. Sikandra, District Agra, with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far.
According to the prosecution version, the complainant was having three insurance polices. It was alleged that the accused persons, on pretext of GST and maintaining balance in account, have illegally withdrawn total amount of Rs.65 lakhs from the 6 accounts by cheating and t
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