UMA SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present is an application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 30.8.2017 in connection with Crime No. 82/2011 registered at Police Station- Saraswati Nagar, Raipur, for the offence punishable under Sections 420, 409, 467, 468, 471, 120-B of IPC.

(2.) Case of the prosecution against the Applicant is that the Applicant in connivance with her husband Rajesh Sharma, the main accused, is said to have collected huge amount of money from the students studying in the different schools run at different places by the Applicant and her husband in the State of Chhattisgarh. Subsequently both of them is said to have abandoned the school without any intimation to any person and fled from Raipur and were absconding for a considerable long period of time. It is a case where the accused persons were running a school in the name of Dolphin International School and they had opened schools at different places in the State of Chhattisgarh by the said name. Subsequently, the school is said to have floated a "Swekchha Jama Yojna" wherein each of the students were given an option for depositing an amount of Rs.50,000/- and on the said deposit of Rs.50,000/- further education of the students till Class-12th including providing of one pair of uniform and study material each year would not be charged again. Under the said scheme, many parents of the students had deposited huge amount of money running into many crores which were collected by the accused persons and abruptly they closed the school and fled away. They with great difficulty could be tracked down after many years and have since been put in jail.

(3.) Contention of learned Counsel for the Applicant is that the entire allegations which are reflected from the contents of the case diary would suggest that they are only against the husband of the Applicant and there is no such active role played by the present Applicant in the alleged fraud or cheating committed. It was further contended that the present Applicant in the capacity of wife of the main accused, Rajesh Sharma, was the member of education society and that in fact she was not instrumental in the running of the affairs of the school in any manner nor was she associated in any manner to the said Swekchha Jama Yojna floated by the school authority. Next contention was that even the statements which have been recorded by the police authorities during the investigation would reveal that there are allegations only against Rajesh Sharma, the husband of the Applicant, insofar as collecting the amount under the scheme and that the Applicant has not collected any amount from any of the parents and as such she could not have been implicated in the said case. Lastly, it was contended that the Applicant may be granted benefit of bail on sympathetical ground considering the fact that the daughter of the Applicant is a physically challenged child and that there is nobody to take care of her and the said child as of now is given shelter at one Shakhi One Stop Centre, Raipur. That the said child is not in a position to look after herself independently and she requires assistance of the Applicant being her mother for every small thing that is required.