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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13481 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, the learned counsel for the applicant as well as Sri Shaunak Singh, the learned A.G.A.-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 602 of 2022, under Section 420, 409, 34 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 23.06.2022 against nine persons, including the applicant, alleging that the informant had made investment in L.L.C Multi State Agro Cooperative Society Ltd. but upon maturity of the investment, no amount was paid to her. Although, the F.I.R describes the applicant as 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 been falsely implicated in the present case. The applicant's involvement in 43 cases of similar nature has been disclosed in Para 17 of the affidavit, in 3 of which the applicant has already been granted bail.

¶5The learned counsel for the applicant has submitted that co-accused Yashwant Rawat, Abhishek Upadhyay, Atul Kumar Verma, Gunjan Verma, Om Prakash and Sangam Verma, have already been granted bail by means of orders dated 04.04.2023,

14.07.2023, 21.09.2023, 27.09.2023, 03.10.2023 and

02.11.2023 passed in Criminal Misc. Bail Application No. 4124 of 2023, 3272 of 2023, 11344 of 2023, 11707 of 2023, 11589 of 2023 and 12916 of 2023, respectively.

¶6The learned A.G.A. has opposed the prayer of the 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 informant had made investment in a company and that the applicant has been granted bail in three other cases of similar nature and that six co-accused persons have already been granted bail in the present case and that the applicant is languishing in jail since

01.07.2022, I am of the view that the applicant is also entitled to be released on bail in the present case.

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