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Uttarakhand High Court · body

2016 DIGILAW 579 (UTT)

HUIDROM SARJUBALA v. STATE OF UTTARAKHAND

2016-09-15

U.C.DHYANI

body2016
JUDGMENT U. C. Dhyani, J. The applicant-Huidrom Sarjubala has been implicated in connection with FIR No.348 of 2015 for the offences punishable under Sections 420,467,468, 471,120B of IPC read with Section 66(D) of the Information Technology Act, 2008, at Police Station Kotwali, District Dehradun. She has sought her release on bail. 2. Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application. 3. On 18.12.2015, complainant-Tasnima Kosar, lodged a first information report with Police Station Kotwali, Dehradun stating therein that she runs a Boutique at Gandhi Road, Dehradun. On 24.11.2015, she received a phone call and a lady spoke on phone that a courier was received by her from Scotland and complainant has to deposit Rs.65,000/- and then only the complainant will be handed over the courier. On 26.11.2015, she deposited Rs.65,000/- in the account of one Ramdina. Complainant again received the phone calls time and again and she was being told that there is lot of money in the courier and complainant has to deposit Rs.20.00 lakhs which was deposited by the complainant on different dates. The complainant was told that she will get money through R.B.I. When the complainant inquired from R.B.I., she was informed that R.B.I. does not issue such card. The complainant was thus cheated. 4. It is the submission of leaned counsel for the applicant that the alleged mobiles do not belong to the accused, who is a woman and she was in jail along with her three years old daughter until interim bail was granted to her. Today, applicant-Huidrom Sarjubala is also present in person alongwith her female child and says that she is innocent and the offence, if any, has been committed by her Nigerian husband at the behest of his accomplice. 5. The applicant is a Manipuri woman. Her three years old daughter is studying in L.K.G. in Hill View School at Clementown, Derhadun. She also submitted that she is not going to leave Derhadun for atleast one year till her daughter clears L.K.G. class. 6. She undertakes that she will not change her present address which is – Tibbetan Colony, Clementown, Dehradun and if changes her address, she will inform the police station concerned about the change of her address. 7. She also submitted that she is not going to leave Derhadun for atleast one year till her daughter clears L.K.G. class. 6. She undertakes that she will not change her present address which is – Tibbetan Colony, Clementown, Dehradun and if changes her address, she will inform the police station concerned about the change of her address. 7. She was granted an interim bail for two months subject to certain conditions by the Coordinate Bench of this Court vide order dated 06.04.2016. She has not misused the same. She has also surrendered her passport with the police station concerned. The same will remain with the police station during and until the conclusion of criminal trial pending adjudication before the trial court. 8. This Court is of the opinion that the bail application of the applicant should be allowed. 9. The Bail application is allowed. Let the applicant- Huidrom Sarjubala be enlarged on bail on her executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned. 10. Her passport shall remain with the police station concerned during and until the conclusion of criminal trial pending before the court below. 11. However, if at any point of time, it is found that the applicant is misusing the bail, the learned trial court shall be at liberty to cancel her bail, in accordance with law.