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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14260 of 2023 Applicant :- Atul Kumar 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, holding brief of Sri Ajeet Kumar, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, 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, including the applicant, stating that the informant had invested some amount in Sankalp Trading 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 he has been falsely implicated in the present case as he is a son of proprietor of Sankalp Trading Services. The applicant's involvement in 54 other cases has been disclosed in the affidavit, in 29 of which he has already been granted bail.

¶5The learned counsel for the applicant has submitted that co-accused Pramod Kumar @ Pramod Kumar Verma, Rajendra Prasad Mishra and Mitilesh Verma, have already been granted bail in the present case by means of an order dated 02.08.2023,

28.10.2023 and 02.12.2023 passed by this Court in Criminal Misc. Bail Application Nos.9724 of 2023, 6714 of 2023 and 14205 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 has been implicated in the present case merely because he is a son of proprietor of Sankalp Trading Services and there is no allegations that the applicant possesses any portion in the entity, from which the informant had purchased the land; that the applicant has already been granted bail in 29 cases of similar nature, coupled with the fact that the applicant is languishing in jail since 11.08.2022 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-Atul 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 :- 5.12.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench