Pramod Kumar @ Pramod Kumar Verma v. State of U.P. Thru. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6775 of 2023 Applicant :- Pramod Kumar @ Pramod Kumar Verma Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Kuldeep Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1The rejoinder affidavit filed by learned A.G.A. is taken on record.

¶2Heard Sri Kuldeep Bajpai, learned counsel for the applicant, Sri Rakesh Kumar Singh, 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. 0749 of 2022, under Sections 109/409/420/467/468/471/504/506 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶4The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2022 against two persons, not including the applicant, alleging that the informant had made some investment in a company Sankal Trading Services, but upon maturity the invested amount was not refunded to the informant. The applicant has subsequently been implicated in the present case because it came to light during investigation that he had worked in the company.

¶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. In the affidavit filed in support of the application for bail the applicant's involvement in 31 other cases of similar nature has been disclosed, in 24 of which the applicant has already been granted bail.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant is regarding non-refund of money invested in a company and the applicant is not a director or other principal position holder in the company and that the applicant has already been granted bail in 24 cases out of 31 cases in which he has been implicated, coupled with the fact that the applicant is languishing in jail since 07.04.2022 and without making any observation, 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 in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Pramod Kumar @ Pramod 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 Ram. High Court of Judicature at Allahabad, Lucknow Bench