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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14388 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Civil Sectt. 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, Sri Arpit Kumar, 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.309 of 2022, under Sections 406, 420, 409, 506, 504, 34 I.P.C., registered at Police Station Badosarai, District Barabanki.

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

28.09.2022 against seven named persons, including the applicant and some unknown persons, alleging that the informant and his customers had made investments in L.L.C Multi State Agro Cooperative Society Ltd. under allurement of lucrative return but upon maturity the money was not refunded to the complainant.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case on the basis of wrong averments made in the FIR. The informant had made investment in LLC Multistate Agro Co-operative Society Ltd., under various schemes under which they had to be given maturity upon completion of investments for various periods. The investors did not deposit the complete amount by paying all the installments rather they filed the FIR.

¶5The applicant's criminal history of 43 cases has been disclosed in para 19 of the affidavit, in 21 of which he has been granted bail.

¶6The learned counsel for the applicant has submitted that co-accused Om Prakash Verma, Atul Kumar Verma, Mithlesh Verma, Shivendra Singh, Salman, Santosh Kumar Yadav and Yashwant Rawat, have already been granted bail in the present case and copies of their bail orders have been annexed as Annexure No.2 of 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 six co-accused persons have already been granted bail and that the applicant is languishing in jail since 01.07.2022 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 aforesaid 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