Sushma v. State of U.P.
Case brief
What is this about?
In a bail application regarding money fraud charges, the Single Judge allowed bail, emphasizing jail overcrowding and the right to speedy trial under Article 21, without deciding the merits of the charge.
What did the court decide?
Release on personal bond and two sureties with conditions regarding surrender, presence in court, and prohibition of witness tampering.
What the court decided
1
Reserved On:- 14.03.2023 Delivered On:- 17.03.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53669 of 2022 Applicant :- Sushma Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth, J.
- Heard Sri Alok Kumar Singh, learned counsel for the applicant and learned A.G.A for the State.
- There is allegation in the FIR that the informant met co-accused, Sanjeev Chauhan, who informs that he is working in M/s Niftech Global Pvt. Ltd., which doubles the amount invested in 18 months. Sanjeev Chauhan introduced the informant to the applicant and other co-accused who were the directors of the company. The informant invested Rs. 10 lakhs by means of a cheque after 18 months when he went to take his money of 20 lakhs the accused persons closed their office and vanished from their house. Hence, the FIR was lodged.
- Counsel for the applicant submits that the applicant resigned from her shop in January, 2019. She has criminal history of 25 cases. All the cases have been registered by the investors. She has been enlarged in number of cases by this Court too. She was not in actual charge of the business of the company and has been falsely implicated in this case. The liquidated assets of the company can be liquidated and thereafter dues can be recovered by the investors. The company is also a juristic persons and has not been arrayed as an accused in the FIR.
2
Issues for consideration
1 issue framed by the court
Whether the applicant satisfies the conditions for bail given her criminal history and the nature of the fraud charges.
Parties & counsel
- applicant
Sushma
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/53669/2022
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