Court upholds simultaneous charges under Sections 420 and 406 IPC, citing specific allegations and non-compliance with undertaking.
In a significant ruling, the Allahabad High Court has rejected the bail application of Vikash Kumar, who is accused of misappropriating funds collected from members of a self-help group. The decision was delivered by Justice Arun Kumar Singh Deshwal on March 28, 2026, in response to Criminal Misc. Bail Application No. 1381 of 2026.
Vikash Kumar, the applicant, was charged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, corresponding to Sections 406 and 420 of the Indian Penal Code. The case, registered at Purkaji Police Station, Muzaffar Nagar, involves allegations of collecting over Rs. 2 lakh from 33 women and failing to deposit the amount with the company sponsoring the self-help group.
The court addressed the legal question of whether simultaneous invocation of Sections 420 and 406 IPC is permissible. Citing Section 221 of the Criminal Procedure Code, the court affirmed that when there is doubt about which specific offence the facts constitute, the accused can be charged with all possible offences. The court clarified that this does not invalidate the proceedings, countering the applicant’s reliance on the Supreme Court's judgment in Delhi Race Club v. State of U.P.
Justice Deshwal emphasized that the applicant had given an undertaking to deposit the collected amount but failed to comply. The court noted that the victims, being poor women, were in a vulnerable position, strengthening the case against granting bail. Furthermore, the applicant's plea for parity with co-accused was denied due to distinct allegations specific to him.
The court concluded that the charges were not erroneous and that the applicant's non-compliance with his undertaking, along with the specific allegations, justified the denial of bail. The decision underscores the court's stance on protecting vulnerable victims and upholding the integrity of legal proceedings.
Bottom Line:
Bail application - Simultaneous invocation of Sections 420 IPC (318(4) BNS) and 406 IPC (316(2) BNS) permissible under Section 221 Cr.P.C. (244 BNSS) if there is doubt as to which offence the facts constitute - Bail denied due to specific allegations and applicant's failure to comply with the undertaking to deposit the collected amount.
Statutory provision(s): Section 420 IPC, Section 406 IPC, Section 221 Cr.P.C., Section 316(2) BNS, Section 318(4) BNS
Vikash Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2877128
