Allahabad High Court
Sirajuddin vs State Of U.P. on 23 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42485 of 2022 Applicant :- Sirajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Shri Matiur Rehman Khan, learned counsel for the applicant contends that the applicant has been nominated only to shield the principal offender who are directors and senior functionaries who exercise considerable influence in the area. The directors and other senior functionaries who are responsible for decision making, policy formulation, duping of investors and defalcation of funds have not been arrested.
Superintendent of Police, Deoria, shall file personal affidavit before the next date of listing disclosing the following details:
A. Whether the applicant was in the Board of Directors or holding the responsible senior position and was incharge of the day to day functioning of the company? B. Names of the directors and other senior functionaries who were responsible for the day to day functioning of the company and whether they have been investigated or not ? C. Evidence regarding their appointment and functioning.
D. Action taken against the other senior functionaries of the company.
E. Authority in law and relevant statutory approvals and the details of the schemes which were put out in public for inviting the investments. F. The bank accounts in which the money was deposited by the investors.
G. Names of the persons who had opened and were operating the accounts in which the money was deposited. H. Money trail of the deposited amount i.e. the mode and accounts in which the money was credited and subsequent transfers of money. If the cash deposits were made the names of the individuals who were given the cash, receipts of payment and assets of the society. I. Whether the assets of the directors as well as the company have been identified and seized as per law ? J. Details of illegal money transfers made by the company/officers/directors and names of beneficiaries of the illicit transactions. Learned AGA to file counter affidavit before the next date of listing.
Put up this case on 08.02.2023 in the additional cause list.
Order Date :- 23.1.2023 Dhananjai