Allahabad High Court
Smt. Uroosa Jabeen vs State Of U.P. And Another on 27 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1486 of 2021
Applicant :- Smt. Uroosa Jabeen
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Dutt Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Smt. Uroosa Jabeen, in Case Crime No. 726 of 2018(Case No.6648/9/2018, under Sections 420,406,504,506 I.P.C. , Police Station - Majhola, District - Moradabad.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicant and co-accused ,Anita Bilani that they were given franchisee by Kidzee .The franchise was cancelled but applicant and other co-accused got fees of the students deposited and cheated the parents of the students. Learned counsel for the applicant has submitted that her husband, late Mohd. Qasim Shamsi, was running aforesaid classes in her name. He had died few months back. Applicant is willing to return the dues to the parents of the students from whom fees was collected by the accused persons.The charge sheet has already been submitted.The applicant has no criminal history to her credit. She has definite apprehension of her arrest by the police.
Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
After hearing the learned counsel for the parties,this court finds that amount of Rs. 3,91,150/- has been fraudulently taken by the applicant from the parents/ guardians of the students.She is directed to be transfer back the amount taken from each parents by way of R.T.G.S. in their bank account within a month.The bank concerned is directed to issue certificate of transfer of amount by applicant along with duly certified copy of statement of account of the account of the applicant showing transfer of money..The applicant shall file the aforesaid certificate of bank and account statement along with the affidavit within one week thereafter before the C.J.M. concerned.
This deposit and withdrawal shall be without prejudice to the rights of the parties to contest the trial. For the period five weeks from today applicant shall be remain on anticipatory bail.In case she complies the order the anticipatory bail shall extend till conclusion of trial In case of failure to comply order of this court, anticipatory bail granted to the applicant shall stand automatically cancelled without further reference to the Bench and the court below would be free to get the applicant arrested.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period of five weeks initially and thereafter on compliance of condition given in the order till conclusion of trial considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
The applicant shall be released on anticipatory bail for the period of five weeks from today and if she complies with the condition imposed in the order, she shall be enlarged on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender her passport, if any, before the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court.
3. 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;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. 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 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021
Atul kr. sri.
