KAVITA AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under Section 439 Cr.P.C. has been filed by petitioner Kavita Agarwal W/o Hemant Agarwal, who is accused for offence under Section 420 IPC and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 in FIR No.436/2011 registered at Police Station Vidyadhar Nagar, District Jaipur. It is contended by Shri Hemant Agarwal, husband of petitioner that petitioner-company was being actually run by his elder brother Shri Chandrashekhar Agarwal and his partner Shri Ramavatar Singh Bharat. Petitioner is a house hold lady and is Director of the company only for the sake of partnership and she eventually has resigned from Directorship w.e.f. 1/9/2011 under due intimation to the Registrar of Companies. There is not even a single complaint from any private person against her. THIS is not a case of cheating. Even otherwise, she is in jail for more than a month. No more recovery has to be made from her and if at all any recovery is to be made, it is to be made only against co-accused, who has already been arrested. Petitioner is a woman and is entitled to special consideration under first proviso to Section 437(1) Cr.P.C.

(2.) MS.Lovely Katiyar, ACP Shanti Nagar, Jaipur opposes the bail application but is not in a position to point out even a single complaint from any private person against petitioner nor any such statement is found from the case diary.