Allowed

Nilakshi Sharma v. State of U.P.

Allahabad HC6 Oct 2021BAIL/3893/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a cheating and forgery case, citing a compromise agreement, jail overcrowding concerns, and prima facie satisfaction, subject to conditions including attending trial and adhering to compromise terms.

What did the court decide?

Release on bail on a personal bond and two sureties, subject to conditions including adherence to the compromise dated 23.5.2021.

Nilakshi Sharma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3893 of 2021

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Applicant :- Nilakshi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Rai,Jitendra Kumar Mishra,Lok Nath Shukla,Shambhavi Nandan,Surendra Bahadur Singh

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Counsel for Opposite Party :- G.A.,Ram Badan Maurya

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit dated 10.6.2021 is taken on record.

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Heard learned counsel for the applicant and Sri Ram Badan Maurya, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the compromise has taken place between the parties and pursuant to compromise dated 23.5.2021 the applicant has given a demand draft no.706306 of Rs.5,50,000/- on 28.4.2021 to the informant and rest of the amount will be given in easy installment of Rs.50,000/- per month, reference in this regard is made to annexure-SA-1 to the supplementary affidavit dated 10.6.2021, which is on record. .Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.11.2020. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of

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Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Nilakshi Sharma , be released on bail in Case Crime No.1500 of 2019, under Sections- 420, 406, 467, 468, 471 IPC, Police Station- Surajpur, District- Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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She will not tamper with the witnesses.

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She will not indulge in any illegal activities during the bail period.

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4. The applicant shall abide by the terms & conditions mentioned in the compromise dated 23.5.2021.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 6.10.2021

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Dev/-

Nilakshi Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nilakshi Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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