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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13523 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. 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. 345 of 2022, under Sections 34, 406, 419, 420 I.P.C., registered at Police Station Masauli, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.07.2022 against two persons, not including the applicant, stating that the informant had made some investments in a company but returns were not paid to him. Through the FIR, the informant has prayed for payment of Rs.3.62 Lakh to him. The applicant has been implicated during investigation and he was one of the Directors of the Company.

¶4In 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 involvement in 43 cases of similar nature has been disclosed in the affidavit, in three of which, the applicant has been granted bail.

¶5The statement of P.W.-1 is being recorded and till date even statement of single witness could not be concluded.

¶6The learned counsel for the applicant has submitted that co-accused Sangam Verma, has already been granted bail by means of an order dated 101.11.2023 passed by this Court in Criminal Misc. Bail Application No.12681 of 2023.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having 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 informant has prayed for refund of his money through the FIR, which is a relief of civil nature; that the applicant has already been granted bail in 3 other cases of similar nature and that a co-accused has already been granted bail, coupled with the fact that the applicant is languishing in jail since 01.07.2022 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.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Sharad Kumar Verma be released on bail in aforementioned 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