Sangam Verma v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12883 of 2023 Applicant :- Sangam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arvind Kumar, the learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 673 of 2022, under Section 409, 420 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 07.07.2022 against three persons, not including the applicant, alleging that on the persuasion of named co-accused Atul Kumar Verma, the informant had invested some amount in S.T.S. Infrabuild Pvt. Ltd. but later on it transpired that the accused persons had duped the informant.

¶4During investigation, it came to light that the applicant also work in the company.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶6The applicant's involvement in 59 other cases of similar nature has been disclosed in Para 15 of the affidavit filed in support of the bail application.

¶7The learned counsel for the applicant has submitted that co-accused Pramod Kumr @ Pramod Kumar Verma, has already been granted bail by means of an order dated 23.05.2023 passed by a coordinate bench of this Court in Criminal Misc. Bail Application No.6732 of 2023 (Neutral Citation No.-2023:AHC-LKO:36125).

¶8The learned A.G.A. has opposed the prayer of the 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 the F.I.R alleges non repayment of certain amounts invested in a company; that the applicant is not named in the F.I.R.; that one of the co-accused persons has already been granted bail, coupled with the fact that the applicant is languishing in jail since 29.07.2022 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Abhishek Kumar Upadhyay be released on bail in Case Crime No. 673 of 2022, under Section 409, 420 I.P.C., 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 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 :- 1.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench