Allahabad High Court
SUSHMAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sushma, who is accused in a case involving IPC offences of cheating, criminal breach of trust, forgery, and conspiracy, as well as offences under the Prize Cheats and Money Circulation Scheme. The applicant argued that she was falsely implicated, was not named in the FIR, the FIR was lodged three years after the alleged fraud, and she has been in custody since October 2021. The State opposed bail, highlighting the applicant’s alleged involvement in 44 criminal cases, though the applicant countered that she is on bail in only nine cases. After reviewing the record, the Court, without expressing an opinion on the merits, found the circumstances suitable for bail and ordered her release on a personal bond with conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future judgment.
Issues considered
- Whether bail can be granted under Section 483 B.N.S.S. to an accused facing multiple serious IPC and Prize Cheats offences.
- Whether the delay in filing the FIR and the applicant’s non‑mention in the FIR justify granting bail.
- Whether the applicant’s prior criminal history affects her eligibility for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 406, 420, 467, 468, 471
- Prize Cheats and Money Circulation Scheme — s. 3, 4, 5, 6
Subjects
- bail
- criminal procedure
- Section 483 B.N.S.S.
- IPC offences
- fraud
- cyber fraud
- delay in FIR
- prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13949 of 2026
Sushma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shanti Dhar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Shanti Dhar Dwivedi, learned counsel for the applicant, and
Shri B.P. Maurya, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.32 of 2023, under
Sections 420, 406, 467, 468, 471, 34 of I.P.C. and Section 3/4/5/6 of the
Prize Cheats and Money Circulation Scheme, registered at Police Station
Bahadurgarh, District Hapur, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the applicant is not named in
the first information report and the first information report has been
lodged after delay of 3 years and the applicant is not the beneficiary of the
alleged cyber fraud. It is further submitted that the applicant is
languishing in jail since 22.10.2021, undertakes that she will not misuse
the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the applicant is having
criminal history of 44 cases and he has filed bail orders of only nine
BAIL No. 13949 of 2026
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cases.
5. In reply, learned counsel for the applicant submits that several share
holders have lodged individual complaints and the applicant is on bail in
nine cases, therefore, he has filed the bail orders of only nine cases.
6. Applicant is not named in the first information report and the first
information report has been lodged after delay of 3 years against
unknown and the name of the applicant has surfaced during investigation
and as per first information report, it is alleged that the company of co-
accused Ashok Kumar enticed the first informant and several others to
invest in his company by promising that their money would double within
18 months; however, neither the principal amount nor the maturity
amount has been returned to the investors. It is further submitted that the
applicant is not the beneficiary of the alleged cyber fraud. It is further
submitted that the applicant is languishing in jail since 22.10.2021.
7. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
8. Let the applicant- Sushma involved in the aforesaid case crime shall be
released on bail on her furnishing a personal bond of Rs. 50,000/- with
two sureties each in the like amount to the satisfaction of the Court
concerned :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
BAIL No. 13949 of 2026
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(iv) The applicant shall file an undertaking to the effect that she shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is clarified that anything said in this order is limited to the purpose
of determination of this bail application and will in no way be construed
as an expression on the merits of the case. The trial court shall be
absolutely free to arrive at its independent conclusions on the basis of
evidence led unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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