Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53015 of 2019 Applicant :- Mamta Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Praksah Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Mamta Jain in the event of her arrest in Case Crime No.1551 of 2019, under Sections 408, 409, 420, 467, 468, 471, 477A and 120B I.P.C., P.S. Sahibabad, District Ghaziabad.
Heard learned counsel for the applicant, and learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is housewife and she has no concern with the entire transactions which are the subject matter of the present F.I.R. The husband of the applicant had taken franchisee from Sahara India and had acted with honesty. But it was the co-accused Apoorva Dutt Gupta and Fazil Quraishi @ Faizal Quraishi who had committed fraud regarding which the husband of the applicant had already lodged an F.I.R.
Learned A.G.A. has opposed the prayer for bail and submitted that perusal of the record of present case shows that the F.I.R. in the present case was lodged by one Ravi Chaturvedi, Regional Head, Regional Office of Sahara India, Delhi. According to the F.I.R. the co-accused Atul Kumar Jain, who is the husband of the applicant, had taken franchisee from Sahara India and was assigned the work of investment, deposit and disbursal of amounts to its customers. Allegation is that the aforesaid Atul Kumar Jain and co-accused Smt. Apoorva Dutta Gupta, Fazil Quraishi @ Faizal Quraishi and the present applicant had committed huge fraud and misappropriation of amount to the tune of Rs.33,15,703/- of Sahara India Company. There are specific allegation against the applicant that Rs.1,84,361/- was deposited in the personal account of the applicant through cheques from the account of Sahara India. There are further allegation against the applicant that a cheque of Rs. 6,00,487/- was also deposited fraudulently in the account of present applicant. As per the F.I.R. the applicant was one of the beneficiaries in whose account the money of Sahara India Company was credited.
It appears to be a very serious matter. Huge amount of money has been embezzled by adopting fraudulent means and misappropriation. Huge economic loss is said to have been inflicted to a company. The F.I.R. contains details about the fraudulent transaction, issuance of cheques and receiving the money from the various accounts. The husband of the applicant is already in jail. This Court does not propose to make any observation about the merits of the case which may cause prejudice to either side. Suffice it to observe that in a matter like this in the wake of accusation and the details that have been given in the F.I.R., the interrogation of the accused-applicant appears to be necessarily essential and this Court does not want to put a spanner in the investigation which must operate independently in accordance with law and be allowed to have its full swing and bring the guilty to book.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and material in support of the same, I find no good ground for grant of anticipatory bail to the applicant .
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 29.11.2019 CPP/-