BASHIR HASAN SIDDIQUI Vs. STATE (GNCTD)

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 438 Cr.P.C. seeking anticipatory bail in case FIR No. 14/2021 under Ss. 420/406 IPC registered at Police Station Govindpuri, Delhi.

(2.) In brief the facts of the case are that the complainant/company lodged a complaint and FIR in the instant case has been registered with the allegations that the petitioner was handling the finance and accounts of the complainant company, namely, Index Logistics Pvt. Ltd. He was in possession of Laptop, mobile phone and confidential data including client information of the company. As per allegations, the petitioner left for his native place in March 2020 without updating and reconciling the cash and without handing over the balance. Despite repeated requests, he did not resume his duties and during audit, it was revealed that he in collusion with few customers had used company's space with the Airline and misappropriated a sum of Rs.39.00 lacs.

(3.) During the course of the arguments, it was submitted by learned APP for the State that the present petitioner is in judicial custody in another FIR No. 349/2021 registered in Mumbai, Maharashtra, therefore, anticipatory bail in the present FIR is not maintainable. It was further submitted that the bail application filed by the present petitioner in FIR No. 349/2021 registered in Mumbai was dismissed by the Bombay High Court. In support of his contention learned APP has relied upon the judgment dtd. 9/12/2022 passed by the Allahabad High Court in Rajesh Kumar Sharma v. CBI (CR.P.C. No. 4633/2022) and judgment dtd. 25/10/2021 passed by Rajasthan High Court in Sunil Kallani v. State of Rajasthan (S.B. Criminal Misc. Bail Application no. 9155/2019).