Sanjay Verma @ Sanjay Kumar Verma v. State of U.P. Thru. Prin. Secy. (Home) Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14882 of 2023 Applicant :- Sanjay Verma @ Sanjay Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla,Siyaram Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Paritosh Shukla, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned State Law Officer appearing for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 255 of 2023, under Section 409, 420 ,504, 506 I.P.C., registered at Police Station Vibhuti Khand, District Lucknow East (Commissionerate Lucknow).

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 19.5.2023 against the applicant, Samarjeet Sing and one Deepak Singh alleging that the applicant manages affairs of Aviance Developers Infrastructure Pvt. Ltd. and the informant had entered into an agreement dated 01.06.2016 for purchasing a plot from the aforesaid company and had paid Rs. 11,40,000/- in installments but neither the land was transferred to the informant nor was his money refunded.

¶4In the affidavit filed in support of the bail application, the applicant's involvement in ten other cases has been disclosed in paras 19 and 20, in six of which the applicant has been granted bail.

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that from the averments made in the F.I.R itself prima facie it appears that an agreement for purchase of immovable property was entered on 01.06.2016, which agreement was not registered; the informant has not initiated any proceedings for transfer of the land or recovery of money and the F.I.R appears to have been lodged to pressurize the applicant to redress the informant's grievance without the later taking recourse to any civil proceedings, coupled with the fact that the applicant is languishing in jail since 22.07.2023 and without making any observations 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Sanjay Verma @ Sanjay 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 the 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 Shravan High Court of Judicature at Allahabad, Lucknow Bench