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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14877 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, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 393 of 2022, under Section 419, 420, 467, 468, 471, 409, 120-B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged by the applicant on 26.04.2022 against six persons, including the applicant, alleging that the informant had established a company named Sangarsh Total Solution Pvt. Ltd and Life Long Care Multi State Agro Cooperative Society in an association with the accused persons and investments in both the aforesaid entities were obtained and the same were deposited in Sangarsh Total Solution Pvt. Ltd. The accused persons committed irregularities in maintaining the account and they sidelined the applicant and removed him from the Company and the Society.

¶4During investigation, the applicant who is the informant himself, has been made an accused.

¶5The applicant's criminal history of 43 cases has been explained in para 14 of the affidavit filed in support of the bail application and he has already been granted bail in 25 cases.

¶6The leaned counsel for the applicant has submitted that Rajendra Prasad Mishra and Promod Kumar @ Pramod Kumar Verma have also been made an accused and they have been granted bail in the present case by means of an order dated

14.09.2023 & 15.09.2023 passed by this Court in Criminal Misc. Bail Application No.4423 of 2023 and 10644 of 2023 respectively.

¶7The learned A.G.A. has opposed the prayer of the 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 two other co-accused persons, namely, Rajendra Prasad Mishra and Promod Kumar @ Pramod Kumar Verma have already been granted bail, coupled with the fact that the applicant is languishing in jail since 01.07.2022 and without making any observations 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 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 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench