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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14202 of 2023 Applicant :- Mithilesh 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 Virendra Singh, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1295 of 2022, under Section 420, 409, 506, 467, 471, 468,34 I.P.C., registered at Police Station Kotwali, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

06.12.2023 against four persons, not including the applicant, stating that the informant had paid some amount for purchasing a plot of land in Sankalp City from Sangarsh Total Solution Pvt. Ltd. and several other persons had also made investment in the company but the company did not execute the sale deed of property in favour of the informant and the another persons.

¶4During investigation, the applicant has also been implicated in the present case because she is one of the directors of the company.

¶5In the affidavit filed in support of the bail application, the applicant's involvement in 42 other cases of similar nature has been disclosed in Para 16 of the affidavit and in 16 of which the applicant has already been granted bail. Copies of 6 bail orders have been annexed as Annexure No. 5 to 6 to the affidavit.

¶6Co-accused Naved Ahmad and Sangam Verma @ Sangam Kumar Verma has been granted bail by means of orders dated 02.08.2023 and 22.11.2023 passed in Criminal Misc. Bail Applications No. 9712 of 2023 and 13758 of 2023, respectively.

¶7The learned A.G.A. has opposed the prayer of the 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 F.I.R and she has subsequently been implicated merely because she was a co-Director of the Company and besides this there is no allegation of commission of an act by the applicant; that the applicant has already been granted bail in 16 other cases of similar nature and two co-accused persons has already been granted bail in the present case, coupled with the fact that the applicant is languishing in jail since

25.11.2022 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 released on bail

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Mithilesh 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