Smt. Gunjan Verma v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. -29 Case :-CRIMINAL MISC. BAIL APPLICATION No. -14334 of 2023 Applicant :-Smt. Gunjan 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 Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant with a prayer to enlarge her on bail in Case Crime No.718 of 2022, under Sections 419, 420, 409, 467, 468, 471, 504, 506, 109 I.P.C., Police Station Kotwali Nagar, District-Barabanki. It is argued by the learned counsel for the applicant that neither the applicant is named in the FIR nor his role has been specified therein. Out of criminal history of 32 cases, in 20 cases she is on bail. Five co-accused persons have been granted bail by the co-ordinate Bench of this Court. The applicant is only the director in the firm. She is languishing in jail since 21.11.2022, hence, the prayer for bail is made. Learned A.G.A., however, opposed the prayer and submitted that there is gang of 10 persons. They have established number of companies. They are being appointed as directors in those companies. They are the bhumafiya persons, who use to sell the properties of the other persons. The property of Sunita Verma was sold by the seller in favour of the present applicant and a amount of Rs.558000/-is said to have misappropriated by the person, who executed the sale deed in favour of the applicant. From the perusal of the record, it is found that the applicant is neither named in the FIR nor any amount is said to have been transferred in her name. She is not the witness in the sale deed rather she is said to be a member of the gang of the 10 persons. The role assigned to her is of motivating the purchasers to purchase the land from Om Prakash Verma. This Om Prakash Verma and mediator Atul Kumar Verma have been granted bail by the co-ordinate Bench of this Court. The bail orders have been placed before the Court. The applicant is languishing in jail since 21.11.2022. No suit regarding cancellation of sale deed is said to be pending before the civil court. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant, Smt. Gunjan Verma, who is involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶1The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

¶2The applicant will not tamper with the witnesses.

¶3The applicant will not indulge herself in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 6.12.2023 Radhika High Court of Judicature at Allahabad, Lucknow Bench