Allahabad High Court
Dipty Sharma vs State Of U.P. on 7 August, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10557 of 2020 Applicant :- Dipty Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Counsel for Opposite Party :- G.A.,Abhinava Krishna Srivastava,Pankaj Sharma Hon'ble Siddharth,J.
Counter affidavit and Rejoinder affidavit filed are taken on record.
Heard learned counsel for the applicant, Sri Pankaj Sharma, learned counsel for the informant and Sri Rishi Chaddha, learned A.G.A appearing on behalf of State.
The allegation against the applicant is that she has created her fake profile on the facebook and has affixed the photographs of some actress on the same and is involved in cheating the public. There is also allegation that she has made other fake profiles onFacebookalso and is involved in cheating and hence FIR has been lodged by one, Pramod Verma.
Counsel for the applicant has submitted that there is no specific allegation made by the informant against the applicant as to what harm has been caused by her to the applicant or anyone. He has further submitted that the informant has falsely implicated the applicant in this case without any specific allegation. The FIR appears to have been lodged in purported public interest on account of ulterior motives by the informant. The applicant is in jail since 19.08.2019 and the FIR was lodged on 03.09.2019. When the FIR was lodged the applicant was already in jail in connection with another case.
Counsel for the informant, Sri Pankaj Sharma, has vehemently opposed the bail application. He has submitted that the applicant is involved in large scale cheating of number of persons. She has obtained registration in the Bar Council of Delhi on the basis of fake documents which has subsequently been recovered and notice has been issued to her for cancellation of her registration. The applicant has criminal history of 10 cases apart from present case and she is not entitled to be enlarged on bail. One bail application of the applicant is pending before this court and in two cases she has been enlarged on bail. Charge sheet has already been submitted in all the cases against the applicant.
Learned A.G.A has submitted that the investigation of this case has been transferred to CB,CID, Meerut during the lockdown period and the record of investigation is with CB,CID, Meerut. He has prayed that time may be granted for filing counter affidavit. He has further submitted that during the investigation it has come that the applicant has created fake profile on facebook and in a whatsapp group there are three numbers in different names but ultimately it was found that all the three numbers belongs to the applicant and she was operating in the group for the purpose of cheating and blackmailing different persons. He has further pointed out that the house wherein the applicant is residing does not belongs to her and she has submitted forged proof of her address. It has been disrecovered by the Investigating Officer that the applicant had procured High School and Intermediate marksheet for one, Anil Kumar Sharma, on the basis of which he was selected in Delhi police. Subsequently, it was found that the marksheets were fabricated and he has been dismissed from job. Thereafter the applicant demanded Rs. 25,000/- from the aforesaid, Anil Kumar Sharma, for getting the matter settled. Learned A.G.A. has submitted that the applicant has indulged in fabrication of documents, fraud and cheating, therefore, she does not deserves to be enlarged on bail.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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-Dipty Sharma, in Case Crime No. 727 of 2019, under Sections- 420, 467, 468, 471 IPC and 66 of Information Technology Act, Police Station- Civil Lines, District- Rampur 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
7. The applicant will not use social media and will not create any fake facebook or whatsapp account during the pendency of trial. In case it is found that she has again indulged in creating fake accounts the bail granted to the applicant will stand canceled. The trial court will verify the veracity of her residential address and ownership of the house of the applicant before accepting her personal bond and in case the address is found fake the applicant will supply her genuine address before the court below.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.8.2020 Rohit