Allowed

Priyanka Saraswat Dev @ Raksha v. State of U.P.

Allahabad HC5 Apr 2023BAIL/9970/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Priyanka Saraswat Dev @ Raksha in a case under IPC sections and Price Chits Money Circulation Act. The applicant, a company director facing multiple similar cases where many led to acquittal, was released on personal bond and sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties subject to specific conditions.

Priyanka Saraswat Dev @ Raksha Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9970 of 2023

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Applicant :- Priyanka Saraswat Dev @ Raksha Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Shukla,Praveen 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. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Priyanka Saraswat Dev @ Raksha with a prayer to release her on bail in Case Crime No.541 of 2012, under Sections 420, 467, 468, 471 I.P.C., Sections, 3, 4, 5 Price Chits Money Circulation Act, P.S. Kotwali, District Basti during pendency of the trial.

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It is argued by learned counsel for the applicant that on the basis of application moved under section 156(3) Cr.P.C., instant FIR has been lodged alleging that on investment of Rs.10,000/- in the Company, they would get 20% of the amount i.e. Rs.2,000/- per month till next six months and thereafter the principle amount would be returned to investors.It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is Director of the Company but he has no concerned to induce the informant and other person. 34 cases have been lodged against the applicant. In 18 cases, trial court has acquitted the applicant.There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 28.06.2013 and in case she is enlarged on bail she will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant and argued that the applicant has long criminal history of 34 cases but could not dispute that the applicant is languishing in jail since 2013.

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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 without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. &

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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, Priyanka Saraswat Dev @ Raksha, 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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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 :- 5.4.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Priyanka Saraswat Dev @ Raksha v. State of U.P.

Case brief

What is this about?

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Priyanka Saraswat Dev @ Raksha v. State of U.P.

Case brief

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