Atul Kumar Verma v. State of U.P. Thru. Prin. Secy. (Home), Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12173 of 2023 Applicant :- Atul Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar, learned counsel for the applicant as well as Sri Rakesh Kumar Singh, learned Addl. Government Advocate, and perused the record. Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2By means of the instant application the applicant seeks bail in F.I.R. No.731 of 2022, under sections 420,409,504,506, I.P.C., P.S. Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of a First Information Report lodged on 23.07.2022 against 6 named persons, including the applicant, alleging that the informant used to work as an Agent in M/s Lifelong Care Multi State Agro Cooperative Society Ltd. and he had invested some amount of his own and had got huge sums of money invested by other persons aggregating to Rs. 50,78,961/-.

¶4In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has falsely been implicated in the present case. In the supplementary affidavit filed today in support of the bail application the applicant's involvement in 54 other cases has been shown, all of which relate to the allegations of non-refund of amount invested in the aforesaid company, in 17 of which he has been granted bail.

¶5The Learned counsel for the applicant states that one of the co-accused Abhishek Upadhyay, who is said to be the Branch Head of the Company's Branch Office, has been granted bail by this Court by means of an order dated 29.05.2023 passed in Criminal Misc. Bail Application No. 2446 of 2023. Another co-accused Dinesh Kumar Yadav, who is alleged to be an employee of the company, has also been granted bail by means of an order dated 17.07.2023 passed in Criminal Misc. Bail Application No. 8928 of 2023.Co-accused Pramod Kumar @ Pramod Kumar Verma has also been enlarged on bail by this Court by means of order dated 25.07.2023 passed in Criminal Misc. Bail Application No.9325 of 2023. The co-accused Ajeet Kumar, who used to work as an agent in the Cooperative Society has also been enlarged on bail by this court by means of an order dated 02.08.2023, passed in Criminal Misc. Bail Application No.9728 of 2023.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case because his father Om Prakash Verma is the Chairman and Mother Mithilesh Verma is one of the Directors of the Company and that the five co-accused persons who are said to be working in the company, have already been granted bail, whereas the applicant is in jail since

06.08.2022, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Atul Kumar Verma be released on bail in the aforesaid Case Crime No. 731 of 2022, under sections 420,409,504,506, I.P.C., P.S. Kotwali Nagar, District Barabanki, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 Ram. High Court of Judicature at Allahabad, Lucknow Bench