Gunjan Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12616 of 2023 Applicant :- Gunjan Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Gauri Suwan Pandey,Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Shi Gauri Suwan Pandey, learned counsel for the applicant and Shri Akhilesh Kumar Vyas, learned AGA.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.644 of 2022, under Sections 420 and 409 IPC, registered at Police Station - Kotwali Nagar, District - Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.07.2022 against eight persons, including the applicant, stating that the informant had made some investment in a company STS-Sankalp Group, which matured in the year 2021 but after maturity, no amount was paid to the investor.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is the house wife having three minor children. Two of her children living with relatives and a child aged three years is forced to live with the applicant in jail. The applicant's involvement in 32 other cases has been disclosed in para-2 of the supplementary affidavit and she has been granted bail in eight cases.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dispute is regarding non-payment of money invested in a company regarding which no recovery proceedings have been initiated any further; that the applicant is a woman having three children and although she has been granted bail in eight other cases of similar nature and she is languishing in jail since 21.11.2022 along with a three years old child without any progress in trial, and 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Gunjan Verma be released on bail in Case Crime No.644 of 2022, under Sections 420 and 409 IPC, registered at Police Station -Kotwali Nagar, District -Barabanki 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. Order Date :- 31.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench