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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14825 of 2023 Applicant :- Mithlesh Verma Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 717 of 2022, under Sections 409, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.07.2022 against three persons, not including the applicant, alleging that the informant had made some investment in Life Long Care Multistate Agro Cooperative Society Limited, but upon maturity the invested amount was not refunded to the informant. The applicant has subsequently been implicated in the present case because it came to light during investigation that he had worked as co-director for the Company.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and she has been falsely implicated in the present case. In para 20 of the affidavit the applicant's involvement in 43 other cases of similar nature has been disclosed, in 20 of which the applicant has already been granted bail.

¶5One of the Co-director (Sangam Verma) and president of the company (Om Prakash Verma) have already been granted bail my means of orders dated 22.11.2023 and 19.11.2023 passed by this Court in Criminal Misc. Bail Application Nos. 13768 of 2023 and 13424 of 2023 respectively.

¶6The learned A.G.A. has opposed the prayer for 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 grievance of the informant is regarding non-refund of money invested in a company and the applicant is a co-director in the company and one of the Co-director (Sangam Verma) and president of the company (Om Prakash Verma) have already been granted bail my means of orders dated 22.11.2023 and 19.11.2023 passed by this Court in Criminal Misc. Bail Application Nos. 13768 of 2023 and 13424 of 2023 respectively and the applicant has already been granted bail in 20 cases out of 43 cases in which she has been implicated, coupled with the fact that the applicant is languishing in jail since 24.11.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Mithlesh Verma be released on bail in Case Crime No. 717 of 2022, under Sections 409, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki 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. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench