DEEPTI BAHAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manish Tiwary, learned Senior Counsel assisted by S/Shri Syed Imran Ibrahim and Azad Khan, learned counsel appearing for the applicant, Shri Manish Goyal, learned Additional Advocate General assisted by Shri Syed Ali Murtaza, learned A.G.A. appearing for the State.

(2.) Present anticipatory bail application under Section 438 CrPC has been filed by the applicant seeking bail in Case Crime No. 353 of 2019 under Sections 420 and 406 IPC, P.S. Dadari, District Gautam Budh Nagar.

(3.) Prosecution case, in nutshell, as unfolded by the informant Smt. Kitab Kaur in the First Information Report (in short 'FIR') is that she was the permanent resident of Hisar (Hariyana). Her husband late Dashrath Singh was Captain in Army. A well known lady 'Smt. Veena' wife of Narendra Singh and her brother Ishwar Dayal alongwith one Sanjay Bhati came to her house and told that Sanjay Bhati had launched a Company, namely, Garvit Innovative Promoters Limited' having its registered office at Gautam Budh Nagar, U.P. It was also told that the said Company was registered under the Companies Act. They also stated that they have launched a scheme in the name of 'Bike Boat' and impressed her to invest amount in the said scheme. They also assured that on investment in the Company, certain EMI shall be returned monthly alongwith bonus. Informant also disclosed in the FIR that she paid / invested Rs. 34,15,500/- through bank transaction i.e. RTGS/Net on different dates in the account number given by the aforesaid persons in the year 2018. No amount, as assured by the aforesaid persons, was credited /returned in the account of informant, despite repeated request. Informant named nine persons in the FIR as accused including the present applicant as wife of Sanjay Bhati. Thereafter, one post dated cheque amounting to Rs. 50,10,056/- on 5.12.2019 signed by one Karan Pal Singh was sent at the address of the informant. It was also mentioned that the said cheque appears to be forged. Thus, prayer was made for legal action against accused persons as they committed fraud and cheating against the informant.