Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32526 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Anish Kumar Singh, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.401 of 2023, under Sections 420 I.P.C. and 3/4/5/6 Prize Chits and Money Circulation Schemes (Banning) Act, Police Station- Baghpat, District- Baghpat, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is a lady and she has nothing to do with the said offence. The applicant is a sleeping partner in the said company. In all 42 FIRs have been instituted against the applicant of similar nature and she has been enlarged on bail in ten of those cases.
5. It is further argued by learned counsel for the applicant that except the said cases regarding the same company, the applicant has no other criminal case pending against her. The applicant is languishing in jail since 29.3.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, Versus Counsel for Applicant(s) : Anish Kumar Singh Counsel for Opposite Party(s) : G.A. Sushma .....Applicant(s) State of U.P. .....Opposite Party(s)
2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the role of the applicant as also the applicant being a lady, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Sushma, who is involved in aforementioned 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. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Vikas Verma BAIL No. 32526 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad