Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Entitlement—Non-deposit of deducted amount of EPF and general insurance—Allegation of cheating and misappropriation of funds—FIR registered under Sections 420, 406 & 409 of IPC—Fact remains that instant case is not under the EPF Act but under the IPC—If an act falls under two statutes, prosecution under both the statutes is not barred—Mens rea is one of essential elements of Section 406 of IPC, which is not necessary for any offence under the provisions of the EPF Act—It is a case of cheating of poor workers—Amount from salary of workers was deducted, but it was not deposited in their respective provident fund and insurance account—If contribution is not made, the worker will not get the benefit under the beneficial legislations—Nature of offence is very serious—No reason found to grant anticipatory bail to the applicant—Application rejected.
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