Smt. Mithilesh v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15050 of 2023 Applicant :- Smt. Mithilesh 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, learned counsel for the applicant, Sri Anant Pratap Singh, 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. 317 of 2022, under Sections 419, 420,408 I.P.C., registered at Police Station Mahmudabad, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.07.2022 against eight persons, including the applicant, alleging that the informant had made investments in STS/Sankalp Group under allurement of lucrative return but upon maturity the money was not refunded to the informant.

¶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 on the basis of wrong averments made in the FIR. The informant had not made any investment in STS/Sankalp Group rather she had made investment in LLC Multistate Agro Co-operative Society Ltd., under various schemes under which they had to be given maturity amount upon completion of investments for various periods. The informant 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 18 of the affidavit filed in support of the bail application, in 24 of which the applicant has already been granted bail.

¶6The learned counsel for the applicant has submitted that co-accused persons, namely, Sharad Kumar Verma, Abhishek Upadhaya, Gunjan Verma and Atul Verma, have already been granted bail in the present case by means of orders dated

07.11.2023, 16.08.2023, 18.10.2023 and 09.08.2023 passed by this Court in Criminal Misc. Bail Application Nos. 13127 of 2023, 5637 of 2023, 12390 of 2023 and 10010 of 2023, respectively.

¶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 four co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be release on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Smt. Mithilesh 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench