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2021 (7) TMI 1279 - SC - Indian LawsSeeking grant of anticipatory bail - substance of the allegation is that the Accused did not hand over the cheques due to the farmers for their lands taken over for the project and got the cheques released in the names of other persons thereby defrauding the company and misappropriating its fund - Section 438 of the Code of Criminal Procedure 1973 - HELD THAT:- An Appellate Court or a superior court can set aside the order granting bail if the court granting bail did not consider relevant factors. There are serious allegations against the Respondent-Accused of a fraudulent misappropriation of amounts intended to be paid by the company to the farmers affected by the work of road widening being undertaken by the complainant. The FIR sets out details of the alleged acts of fraud and misappropriation of funds, as explained earlier. Having regard to the seriousness of the allegations no case for anticipatory bail was made out. The High Court has erred both in law and in its evaluation of the facts. The orders granting anticipatory bail Under Section 438 to the Respondent-Accused shall accordingly stand set aside - Appeal allowed.
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