Allowed

Sushma v. State of U.P.

Allahabad HC7 Dec 2022BAIL/30170/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Sushma in a case involving cheating and forgery. The applicant, wife of the company director, argued lack of specific evidence against her. The Court found a case made out for bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence, cooperate in trial, and not commit crimes.

Sushma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30170 of 2022

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Applicant :- Sushma Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.184 of 2020, under Sections 420, 467, 468, 471, 406, 34 I.P.C. and Section 3/4/5/6 of Prize Cheats and Money Circulation Schemes (Banning) Act, 1978, P.S. Bahadurgarh, District Hapur, during pendency of trial.

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Allegation in the F.I.R. is that named accused Ashok Kumar met with informant and advised him to deposit money in his company instead of bank and the money would get double within a period of eighteen months. Thereafter, the informant handed over Rs.22,50,000/-. It has been alleged in the F.I.R. that by making forged passbook, Rs. 9 lac and Rs.16,30,000/have been shown in favour of informant and informant's daughter-in-law.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case as she is wife of the director of alleged company. Applicant is lady and she is not named in the F.I.R. The only allegation against the applicant is that she supported her husband in his business. There is no evidence regarding alleged transaction against the applicant and on similar set of facts, she has been implicated in 26 cases. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 22.10.2021 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. vehemently opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and

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without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sushma, who is involved in the aforesaid case crime, be released on bail on her 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.

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1.The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 7.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.08 10:33:37 IST Reason: Location: High Court of Judicature at Allahabad

Sushma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sushma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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