Smt. Mithlesh Verma v. State of U.P. Thru. Prin. Secy. (Home), Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14205 of 2023 Applicant :- Smt. Mithlesh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Ankita Verma, Advocate holding brief of Sri Ajeet Kumar, the learned counsel for the applicant as well as Sri Arpit Kumar, 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. 718 of 2022, under Section 409, 419, 420, 467, 468, 471, 504, 506, 109 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

20.07.2022 against two persons, not including the applicant, stating that the informant had invested some amount in Sangarsh Total Services and the accused persons had executed a sale deed in respect of a land in favour of the informant on 14.02.2022 but later it came to light that the accused persons have executed sale deeds in respect of lands exceeding the lands owned by them.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and she has been falsely implicated in the present case as she was a wife of proprietor of Sankalp Trading Services. The applicant's involvement in 42 other cases has been disclosed in the affidavit, in 16 of which he has already been granted bail.

¶5The learned counsel for the applicant has submitted that co-accused Pramod Kumar @ Pramod Kumar Verma, has already been granted bail in the present case by means of an order dated 02.08.2023 passed by this Court in Criminal Misc. Bail Application No.9724 of 2023.

¶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 applicant is not named in the F.I.R and she has been implicated in the present case as she was a wife of proprietor of Sankalp Trading Services and she was also implicated on the basis of statement of Rakesh Kumar Verma, Hari Shaker and Vivek Kumar. There is no allegations that the applicant possesses any potion in the Company, from which the informant had purchased the land; that the applicant has already been granted bail in 16 cases of similar nature, coupled with the fact that the applicant is languishing in jail since 23.11.2022 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 release on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Smt. Mithlesh 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. (Subhash Vidyarthi,J.) Order Date :- 2.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench