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2025 DAILYLAW 162737 (ALL)

MADHUMITA KAUR v. ECONOMIC OFFENCE WING THRU. ITS DIRECTOR U.P. AND ANOTHER

ABAIL/994/2025 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 994 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gaurav Bhatia, the learned Senior Advocate assisted by Sri Ajai Kumar Srivastava, the learned counsel appearing on behalf of the applicant as well as Sri Angad Kumar Vishwakarma, the learned A.G.A. appearing on behalf of the State and Sri Trivendra Kumar Sharma, the learned counsel appearing on behalf of the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.349-1 of 2012 (FIR bearing No.28 of 2014) under Sections 419, 420, 467, 468, 471, 506 I.P.C. registered at Police Station- Krishna Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.02.2014 in furtherance of an application under Section 156(3) Cr.P.C. filed against 23 persons, including the applicant, stating that the accused persons had allured the complainant and numerous other persons to make investments in VCare Multitrade Pvt. Ltd. Company for purchasing policies like Multi Level Marketing Scheme. Although it was assured that in case the investors managed to get two other persons to purchase the aforesaid policies from the Company, the second premium of the policy will be paid by the Company but this promise was breached by the accused persons. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is an innocent woman and she has been falsely been implicated in the present case. Versus Counsel for Applicant(s) : Ajai Kumar Srivastava, Dinesh Kumar Srivastava, Rajesh Kumar Lodhi Counsel for Opposite Party(s): G.A. Madhumita Kaur .....Applicant(s) Economic Offence Wing Thru. Its Director U.P. And Another .....Opposite Party(s) 5. A supplementary affidavit has been filed by the applicant disclosing her involvement in 18 other cases. The learned counsel for the applicant has submitted that all the aforesaid cases are similar in nature and in 9 of those cases, the applicant has been granted bail. 6. The applicant is a Director in the aforesaid Company and her husband Gurjeet Singh, who is also a Director in the Company, has been granted bail in the present case by means of an order dated 05.02.2018 passed by the Hon'ble Supreme Court in SLP (Crl.) No.8466 of 2017. 7. Learned counsel for the applicant has submitted that the issue of delay in completion of the investigation was raised by the complainant before this Court by filing an Application under Section 482 Cr.P.C. No.4978 of 2017 in which the Superintendent of Police Economic Offences Wingh, U.P., Lucknow had informed the Court on 28.07.2025 that investigation of all the case relating to duping of public money by the associates of M/s VCare Multitrade Pvt. Ltd. has been concluded. 8. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that after the allegation were established during investigation, a charge-sheet has been submitted before the trial Court on 02.12.2024 and under orders of the trial Court, further investigation is going on. 9. The learned counsel for the complainant has also opposed the anticipatory bail application and he has submitted that the applicant is guilty of duping numerous persons, she has not co-operated with the investigation which has caused delay in conclusion of the investigation. 10. In reply to the aforesaid submission, the learned counsel for the applicant has submitted that the applicant has given an undertaking that she will co-operate with the investigation. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the matter is pending since the year 2012; the superintendent of Police had made a statement before this Court regarding conclusion of investigation on 26.08.2020, however, further investigation is still continuing even after expiry of five years; that the applicant is a woman and her husband co- accused Gurjeet Singh has already been granted bail in the present ABAIL No. 994 of 2025 2 case by means of an order passed by the Hon'ble Supreme Court and the applicant has been granted bail in nine other cases of similar nature and that she has given an undertaking to co-operate with the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Madhumita Kaur before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 10, 2025 -Amit K- ABAIL No. 994 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench