Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13949 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Shanti Dhar Dwivedi, learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.32 of 2023, under Sections 420, 406, 467, 468, 471, 34 of I.P.C. and Section 3/4/5/6 of the Prize Cheats and Money Circulation Scheme, registered at Police Station Bahadurgarh, District Hapur, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that the applicant is not named in the first information report and the first information report has been lodged after delay of 3 years and the applicant is not the beneficiary of the alleged cyber fraud. It is further submitted that the applicant is languishing in jail since 22.10.2021, undertakes that she will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the applicant is having criminal history of 44 cases and he has filed bail orders of only nine Versus Counsel for Applicant(s) : Shanti Dhar Dwivedi Counsel for Opposite Party(s) : G.A. Sushma .....Applicant(s) State of U.P. .....Opposite Party(s)
cases. 5. In reply, learned counsel for the applicant submits that several share holders have lodged individual complaints and the applicant is on bail in nine cases, therefore, he has filed the bail orders of only nine cases. 6.
Applicant is not named in the first information report and the first information report has been lodged after delay of 3 years against unknown and the name of the applicant has surfaced during investigation and as per first information report, it is alleged that the company of co- accused Ashok Kumar enticed the first informant and several others to invest in his company by promising that their money would double within 18 months; however, neither the principal amount nor the maturity amount has been returned to the investors. It is further submitted that the applicant is not the beneficiary of the alleged cyber fraud. It is further submitted that the applicant is languishing in jail since 22.10.2021. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 8. Let the applicant- Sushma involved in the aforesaid case crime shall be released on bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
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(iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 5, 2026 RKM BAIL No. 13949 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad