Allahabad High Court
Rubeena Saifi vs State Of U.P. on 19 March, 2021
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13587 of 2021
Applicant :- Rubeena Saifi
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant is lady and has been falsely implicated in the present case. It is further submitted that applicant has resigned from the firm in question and no dues certificate has also been issued in her favour. It is next submitted that transaction of entire money has been done by co-accused Shailesh. In fact, he has received entire money in his personal bank account. It is next submitted that against the applicant charge sheet has already been submitted and investigation against other co-accused is still pending. It is also submitted that as per oral instruction received, co-accused have not been arrested till date. It is also submitted that once the charge sheet has been submitted, in light of judgment of the Apex Court in the case of Dipak Shubhashchandra Mehta Vs. C.B.I and others passed in Criminal Appeal No. 348 of 2012 (Arising out of S.L.P. (Crl.) No. 8995 of 2011) as well as judgment of Delhi High Court in the case of H.B. Chaturvedi Vs. C.B.I. passed in BAIL APPLICATION NO. 572 OF 2010, applicant may be released on bail as he is not required for further investigation. Applicant has no criminal history and she is in jail since 23.12.2020, undertakes that she will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the filing of charge sheet against the applicant as well as criminal history of the applicant.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Rubeena Saifi, involved in Case Crime No. 1947 of 2020, under Sections- 420, 406, 418, 467, 468, 471, 120B I.P.C., Police Station- Indirapuram, District Ghaziabad, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
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 her bail and proceed against her in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.3.2021
Rmk.
