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Prayagraj, 27 August (HS). Allahabad High Court has said that the facts which are not written in the anticipatory bail application cannot be accepted in the lawyer's arguments. The lawyer can argue only what is written in the application.
The court said that if the facts constitute a crime, then granting anticipatory bail would be against the interest of the victim. This would be unjust. Anticipatory bail is a special provision in which the court uses its power to grant anticipatory bail in case of the possibility of being falsely implicated.
It is the duty of the court to give justice to all the parties. If there is a presumption of guilt against the accused, then it is his duty to take recourse to those special circumstances on which the court can give him protection. If there is no evidence of innocence, then granting bail would be a murder of justice.
With this, the court has rejected the anticipatory bail plea of bank head cashier Manish Kumar of Premnagar Jhansi. This order has been given by Justice Vikram D Chauhan while hearing Manish Kumar's plea.
It is known that Sunil Kumar Tiwari went to the bank with his security guard Yogendra Singh. He gave the petitioner Rs. 39 lakh 34 thousand 489 to deposit and went back without taking a receipt. When a person was sent to get the receipt the next day, a deposit receipt of only Rs. 11 lakh 34 thousand 489 was given. An FIR was registered on this.
The petitioner said that he is innocent. He has been framed. The full amount was paid. But after some time the guard took 28 lakhs. Only the remaining amount was deposited. This is recorded in the CCTV footage.
When the court asked if there was any document that could prove his innocence, the petitioner could not provide it. He argued about facts that were not even written in the petition. On which the court refused to grant anticipatory bail.