Sharad Kumar Verma v. State of U.P. Thru. Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12614 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard Sri Vivek Chandra, learned counsel for the applicant, Sri Amitabh Chatruvedi, learned A.G.A. for the State and perused the records.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No.288 of 2022, under Sections 419, 420, 408 I.P.C., registered at Police Station Mahmudabad, District Sitapur.

¶4The aforesaid case has been registered on the basis of an F.I.R. lodged on

07.07.2022 against eight persons, including the applicant, alleging that the informant and his family members had made investments in STS/Sankalp Group under allurement of lucrative return but upon maturity the money was not refunded to the investors.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case on the basis of wrong averments made in the FIR. The informant had not made any investment in STS/Sankalp Group rather he had made investment in LLC Multistate Agro Co-operative Society Ltd., under various schemes under which they had to be given plots of land upon completion of investments for various periods. The investors did not deposit the complete amount by paying all the installments rather they filed the FIR.

¶6The applicant's criminal history of 43 cases has been disclosed in the supplementary affidavit filed in support of the bail application.

¶7The learned counsel for the applicant has submitted that co-accused Om Prakash Verma and Abhishek Upadhyay, have already been granted bail in the present case by means of orders dated 25.08.2023 and 15.09.2023 passed by this Court in Criminal Misc. Bail Application No.10698 of 2023 and 5613 of 2023, respectively.

¶8The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be release on bail in the aforesaid crime.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Sharad Kumar 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 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 :- 28.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench