TANUJA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 29 of 2023, registered at police station Kotwali Pithoragarh, District Pithoragarh. Applicant is in judicial custody under Ss. 420, 406, 120B of the Indian Penal Code, 1860 and Ss. 4 read with Sec. 22 and Sec. 5 read with Sec. 23 of the Banning of Unregulated Deposit Schemes Act, 2019.

(2.) Heard Mr. Amit Kapri, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

(3.) Mr. Amit Kapri, Advocate, contended that the applicant has been falsely implicated in this matter. Notice under Sec. 41 A of the Code of Criminal Procedure, 1973 (in short, 'the Code'), was not given to her before her arrest. Her arrest is in complete violation of the order of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another and Satender Kumar Antil vs. Central Bureau of Investigation and Another."