Research › Search › Judgment

Allahabad High Court · body

2023 DIGILAW 2304 (ALL)

Tara Chauhan @ Tara Devi v. State Of U. P.

2023-10-09

SUBHASH VIDYARTHI

body2023
JUDGMENT : 1. Heard Sri Vishal Srivastava, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2022, under Section 408, 409, 420-B I.P.C., registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 26.002.2022 against eight named persons, alleging that under allurement of lucrative returns by making investment in Pisciculture, the informant was allured to make investment in Mountain Allaince Pvt. Ltd. Company. No amount was paid by the Company to the informant and a cheque given by the company was returned by the bank unpaid. The applicant was implicated because she was a Director of the Company. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a poor lady and she was working as 'Asha' in Community Health Center, Paliya Kalan (Kheri), and the named co-accused Vishwanath Prasad Nishad obtained her documents under allurement of getting her employed and made her a director by misusing her documents. 5. The applicant's involvement in two other cases has been disclosed in para 20 of the affidavit filed in support of the application, in one of which the applicant has already been granted bail by means of an order dated 20.09.2023 passed by this Court in Criminal Misc. Bail Application No. 11179 of 2023. 6. The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated merely because she happened to be director of the company, regarding which the applicant's explanation that she has been made director without her knowledge by misusing her documents, coupled with the fact that the applicant is a woman and she is languishing in jail since 04.08.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Tara Chauhan @ Tara Devi be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.