Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36160 of 2018 Applicant :- Smt. Kirti Rastogi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that she has taken Rs.20 lakhs from the informant on the promise that she will give him the benefit of Rs.50,000/- per month and thereafter the money has been misappropriated. The cheque of Rs.10 lakhs is alleged to have been given by the applicant and her husband Lalit Kumar Rastogi, which has been dishonoured and Criminal Complaint No.192 of 2017 is pending before the Special Chief Judicial Magistrate, Varanasi.
The argument is that the informant was an employee of the applicant and he has lodged first information report and the complaint under Section 138 of Negotiable Instruments Act. He has stated therein that the amount of Rs.10 lakhs was taken by the applicant and her husband for the purpose of improvement and betterment of their medicine and cardboard business. They did not returned the amount and cheques issued by them were dishonoured. Learned counsel for the applicant states that the allegation in the first information report and complaint under Section 138 of the Negotiable Instruments Act are contradictory. Infact the informant as an employee has stolen the cheques of the applicant and has misused the same. He has thereafter filed a false first information report and also a complaint under Section 138 of the N.I. Act. The applicant has no criminal history and is in jail since 31.08.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Kirti Rastogi, involved in case crime No. 98 of 2017, under sections 419, 420, 406, 452, 504, 506 I.P.C, Police Station Kotwali, District Varanasi be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 25.9.2018 SS