Siddharth, J. allowed the bail application of applicants charged with offences under Sections 409, 419, and 420 IPC. The court referred to Dataram Singh and found a case for bail, releasing them subject to bond, sureties, and standard conditions.
Release of applicants on bail on furnishing personal bond and two sureties each.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12773 of 2022
Applicant :- Smt. Reetu Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh,Anuj Srivastava,Birendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
There is allegation against the applicants and other co-accused persons is that they are the ofÏce bearers of a registered Finance Company and they have collected huge amount from the public and are not returning the same. The applicants have large criminal history of 84 cases of similar nature. In some cases they have already been enlarged on bail and in most of the cases their bail application is pending.
Counsel for the applicants submits that although the applicants have been implicated but the company has not been implicated as accused in the FIR which was necessary for the prosecution. The applicants are in jail since 27.10.2021.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Reetu Singh, Vikas Singh and Pradeep Yadav involved in Case Crime No. 166 of 2021, under Sections- 409, 419, 420 IPC, Police Station- Chetganj, District- Varanasi, be released
on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 8.7.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.09 14:55:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to bail despite a large criminal history of similar offences.
Whether the lack of company implicatio warrant dismissal of the bail application.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Smt. Reetu Singh And 2 Others
Siddharth
Atul Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
