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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14378 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home 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, Ms. Ankita Tripathi, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.644 of 2022, under Sections 420 and 409 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

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

02.07.2022 against eight persons, including the applicant, alleging that the informant had made investments in STS/Sankalp Group but upon maturity no amount was paid to the investors.

¶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. The applicant's involvement in 43 other cases of similar nature has been disclosed in para 17 of the affidavit, in 21 of which he has been granted bail.

¶5Learned counsel for the applicant has submitted that the informant had not made any investments in STS/Sankalp group as alleged in the FIR.

¶6The learned counsel for the applicant has submitted that co-accused Om Prakash Verma, Sangam Kumar Verma, Atul Kumar Verma and Mithlesh Verma, have already been granted bail in the present case. Copies of their bail orders have been annexed as Annexure no. 3 to the affidavit.

¶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 has already been granted bail in 21 other cases of similar nature and that four co-accused persons have already been granted bail in the present case, coupled with the fact that the applicant is languishing in jail since 29.07.2022 and not even a single witness has been examined till date and without making any observation, 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-Sharad Kumar Verma be released on bail in the 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. (Subhash Vidyarthi,J.) Order Date :- 7.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench