Excelsior Correspondent
JAMMU, Sept 23: Additional Sessions Judge Jammu Tahir Khurshid Raina has rejected the pre-arrest bail application of one Kamal Gupta, who was allegedly booked by the Crime Branch in Rs 2.13 crore fraud case.
As per the Crime Branch, a written complaint was lodged by Raju Choudhary, Managing Director of KC Hyundai Jammu mentioning that Kamal Gupta along with co-accused Rohit Patel of Gandhi Nagar and Masood Ahmed Bhat, Proprietor Real Automobiles Anantnag have committed fraud and misappropriated Rs 2.13 crore in M/s. K C Auto Mart Ltd Jammu.
After hearing both the sides, court observed, “applicant/ accused qualifies more for rejection of anticipatory bail than for grant of the same. The whole chain of facts manifestly speaks of unbecoming conduct of applicant during the course of preliminary verification by the investigating agency”.
“The incriminating material on record prima facie suggests his full complicity in the commission of the offence resulting into huge loss to the complainant’s company coupled with breach of trust as he was entrusted with an important responsibility of accounts section “, the court further said.
The court further observed, “the counsel for applicant claimed for protection of right to life and liberty of the applicant/accused but as held in P Chidambaram case it cannot be said that refusal to anticipatory bail would amount to denial of the rights conferred upon the applicant under Section 21 of the Constitution.”
“As per the Supreme Court judgment privilege of pre-arrest should be granted only in exceptional cases and this power should be exercise sparingly. It is also held that grant of anticipatory bail to some extent interferes in the sphere of investigation of offence and hence the court must be circumspect while exercising such power for grant of anticipatory bail”, the Judge said while dismissing the anticipatory bail application.
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