Mithlesh Verma v. State of U.P. Thru. Prin. Secy. (Home ) Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12163 of 2023 Applicant :- Mithlesh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home ) Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard SriAjeet Kumar, learned counsel for the applicant, Sri Manish Kumar Pandey, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 731 of 2022, under Section 420, 409, 504, 506 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 23.07.2022 against six persons, including the applicant, alleging that the accused persons had formed a Company in the name of Sankalp Group and Life Long Care Multi. State Agro Cooperative Society Limited, in which the applicant was also a director. The informant used to work as an agent in the Company and he brought investments, which were deposited in the account of Sangarsh Total Solution Infra build Pvt. Ltd. but upon maturity, the amount was not refunded to the investors.

¶4A supplementary affidavit has been filed on behalf of the applicant disclosing her involvement in 42 other cases.

¶5The learned A.G.A. has vehemently opposed the bail application but he could not dispute the aforesaid aspects of the matter. Co-accused Gunjan Verma has been granted bail by means of the order dated 14.09.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.10602 of 2023

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges non refund of money invested in a Company, which investment was brought by the informant himself acting as an agent for the Company; that in the affidavit it has been stated that although the applicant was made a director in the Company, she never took active part in functioning of the Company coupled with the fact that the applicant is a women and she is languishing in jail since 24.11.2022 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Mithlesh Verma be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 12.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench