This order grants bail to Sarita Kesarwani charged with offences including cheating and criminal intimidation. The court allowed bail without expressing an opinion on the merits, relying on arguments of false implication, co-accused bail parity, and trial delay.
Released on bail with a personal bond and two sureties each, subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 968 of 2023
Applicant :- Sarita Kesarwani Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar,Abhishek Kumar Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant is not involved in the offence as alleged in the F.I.R. It is further submitted that applicant is not the owner of the alleged company nor she was beneficiary of any amount alleged to have been invested by the informant. It is further submitted that co-accused Mamta Yadav having similar allegation to that of accused applicant has been granted bail by this Court vide order dated 15.03.2023 passed in Criminal Misc. Bail Application No. 56505 of 2022 and the applicant is claiming parity of it. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 22 of the affidavit filed in support of the bail application. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.09.2022.
Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant
is made out and in case applicant is release on bail, she will misuse the liberty of bail, but, he has not disputed the aforesaid facts.
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, looking to the delay in conclusion of trial in near future, grant of bail to the co-accused and without expressing any opinion on the merits of the case this Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sarita Kesarwani involved in Case Crime No. 936 of 2021, under Sections 420, 504, 506, 409 I.P.C., Police Station Civil Lines, District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.4.2023 Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant given her criminal history and the allegations of false implication.
Sarita Kesarwani
Vivek Kumar Singh
Bhanu Pratap Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
