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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14884 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, the learned counsel for the applicant and Sri Manish Kumar Pandey, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.1001 of 2022 under Sections 409, 420, 109 IPC, Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.09.2022 against Atul Kumar Verma, not including the applicant alleging that the informant had made some investment in 'STS Infra Pvt. Ltd' but no return was paid on his investment. The applicant has been implicated during investigation as he happened to be a Director of the company.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5The applicant's involvement in 43 other cases of similar nature has been disclosed in para-15 of the affidavit filed in support of the application, in 25 of which the applicant has already been granted bail. The applicant is languishing in jail since 01.07.2022.

¶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 applicant is not named in the FIR; that he has already been granted bail in 25 other cases of similar nature and he is languishing in jail since

01.07.2022, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the present case.

¶8Accordingly, this bail application stands allowed.

¶9Let 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. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench