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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13567 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, learned counsel for the applicant, Sri Shaunak Singh, learned A.G.A-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 605 of 2022, under Sections 420, 409, 34 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.06.2022 against nine persons, including the applicant, alleging that the informant had made some investments in STS/Sankalp Group, but upon maturity no amount was refunded to him.

¶4Learned counsel for the applicant has submitted that co-accused persons Yashwant Rawat, who is said to be looking after the matters of the company relating to land, and Abhishek Upadhyay, who has been described to be Management Head and Atul Kumar Verma, have been granted bail by means of the orders dated 12.05.2023, 13.03.2023 and 29.08.2023 passed in Criminal Misc Bail Application Nos.3283 of 2023, 2784 of 2023 and10860 of 2023, respectively.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Applicant's criminal history of 43 cases have been disclosed in para 17 of the affidavit, in 3 of which, the applicant has been granted bail. It has been stated that the applicant is one of the director of company not holds any principal position in the company.

¶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 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-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. Order Date :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench