Allowed

Sonia Bhardwaj v. State of U.P.

Allahabad HC12 Jan 2021BAIL/41129/2020

Case brief

AI extract

What is this about?

Single judge granted bail to the applicant in a cheating case. The court considered the return of disputed money to the informant and lack of flight risk, releasing the applicant on personal bond and sureties subject to strict conditions regarding attendance and non-interference.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties each of like amount subject to specified conditions.

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

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41129 of 2020

¶3

Applicant :- Sonia Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Dahiya,Anshul Pathak,Kapil Tyagi,Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0568 of 2020, under Sections 420, 406 IPC, P.S. Noida Sector-20, District Gautam Buddh Nagar.

¶7

Learned counsel for the applicant submits that according to FIR, Rs. 9,46,124/- were deposited by the informant in the account of Impact Assessment through Pay-U for appointment in the Tech Mahindra and forms were also filled up by the informant but appointment was not given. He further submits that the applicant is a lady. Telephonic calls were made by the applicant and others. He also submits that entire amount has been paid to the informant and to that aspect an affidavit by the informant before the Chief Judicial Magistrate, Gautam Buddh Nagar has been filed. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 31.08.2020.

¶8

Learned A.G.A. submits that informant has moved an application before trial court to the aspect that money has been returned to him.

¶9

Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, refund of disputed money to the informant and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Sonia Bhardwaj involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned,

¶10

subject to the following conditions:-

¶11

(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶15

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

¶16

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

¶17

Order Date :- 12.1.2021 MAA/-

Sonia Bhardwaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonia Bhardwaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shatru Yadav Vs State of U.P.

Jabir Vs State of U.P.

Safikul Hassan @ Guddu Vs State of U.P.

Usman Ali Vs State of U.P.

Ajay Vs State of U.P.

Rohit Gill Vs State of U.P.