Allowed

Smt. Rekha Rajpoot v. State of U.P.

Allahabad HC25 Jul 2023BAIL/21983/2023

Case brief

AI extract

What is this about?

Batch criminal miscellaneous bail application for Rekha Rajpoot, wife of the main accused. Court found no active role for the applicant in alleged fund siphoning. Granted bail leveraging statutory benefits for female accused with a young child.

What did the court decide?

Allow application; release applicant on bail in FIR No. 324 of 2021 upon furnishing personal bond with two sureties of Rs. 25,000 each and complying with specified conditions.

Smt. Rekha Rajpoot Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147663

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21983 of 2023 Applicant :- Smt. Rekha Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha,Arun Kumar Singh,Deepanshu Kapoor Counsel for Opposite Party :- G.A.,Ajatshatru Pandey

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Hon'ble Pankaj Bhatia,J.

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1. Heard Shri Deepanshu Kapoor, learned counsel for the applicant; learned AGA; Shri Ajatshatru Pandey, learned counsel for the informant and perused the record.

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2. The FIR in question was lodged against the husband of the applicant alleging that he as an accountant misused his position and siphoned off the money from the account since the year 2017. The allegation as against the applicant are that she is the wife and certain money siphoned off by accused no.1 was transferred to the account which was in the name of the applicant.

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3. Contention of learned counsel for the applicant is that the applicant is the wife and the entire account was managed by her husband, she has no role to play in the alleged offence in question. In support of the said, the statement of account of the applicant has been placed on record to demonstrate that the amounts were deposited and were withdrawn. It is further argued that the applicant is in custody since 04.02.2023 and is a lady and has a child of one and a half year old.

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4. Learned counsel for the complainant argues that the bail application of the husband has been rejected by this Court vide order dated 07.02.2022 and the second bail application filed at his instance was also not pressed. He further argues that the amounts have been siphoned off and the connivance cannot be ruled out. He also argues that only the statement of PW - 1 has been recorded till date. He further argues that some conditions should be imposed if the Court is of the view that the bail should be granted to the applicant.

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5. After hearing counsel(s) at length, prima-facie , the allegations of siphoning off are made out against the husband; there is no allegation of siphoning off against the applicant who is wife of accused no.1, the money has been transferred to the account of the applicant, however, she cannot be said to be actively involved in the offence in question, although she is a beneficiary in terms of money going into her account.

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6. Considering the fact that the applicant is a lady and has a child of 1 & 1/2 year old, she is clearly entitled to the benefit of proviso to Section 437 Cr.PC., as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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7. Let the applicant Smt. Rakha Rajpoot be released on bail in FIR No.324 of 2021, under Section 420/34, 467, 468, 471, 408 IPC, P.S. Kotwali, District Jhansi on her furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 25.7.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad

Smt. Rekha Rajpoot v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Rekha Rajpoot v. State of U.P.

Case brief

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