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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13386 of 2023 Applicant :- Sangam Kumar 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, learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, learned Addl. Government Advocate, and perused the record.

¶2By means of the instant application the applicant seeks bail in Case Crime No. 818 of 2022, under sections 420, 409 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 12.08.2022 against 4 named persons, including the applicant, stating that the accused persons induced the informant to make investment in their company named M/s Lifelong Care Multi State Agro Cooperative Society Ltd., under an allurement of giving him land but neither the land was transferred to him nor was his invested amount returned. The applicant has been implicated subsequently because it came to light that he was a Director of the Company.

¶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 affidavit filed in support of the bail application the applicant's involvement in 59 other cases, all of which relate to the allegations of non-refund of amount invested in the aforesaid company, has been disclosed in para 15 of the affidavit, in 12 of which he has been granted bail. Three copy of the bail orders have been annexed as Annexure No.6 to the affidavit.

¶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 Applications No. 2446 of 2023. Another co-accused Dinesh Kumar Yadav, who is alleged to be an employee of the company, Pramod Kumar @ Pramod Kumar Verma, and Rajendra Prasad Mishra, have also been granted bail by means of orders dated 17.07.2023, 25.07.2023 and

02.08.2023 passed in Criminal Misc. Bail Applications No. 8928 of 2023, 9326 of 2023 and 9677 of 2023, respectively.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; that the applicant has been implicated merely because he happened to be director of the Company and that the three co-accused persons who are said to be working in the company, have already been granted bail, whereas the applicant is in jail since 29.07.2022, I am of the view that the applicant is also entitled to be released on bail.

¶7Accordingly, this bail application stands allowed.

¶9Let the applicant Sangam Kumar Verma be released on bail in the aforesaid case, 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. Order Date :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench