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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15079 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 Shri Vivek Chandra, learned counsel for the applicant and Shri Anand Pratap Singh, learned AGA.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0133 of 2022, under Sections 419, 420, 409 and 109 IPC, Police Station - Baddupur, District - Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.06.2022 against two persons, not including the applicant, stating that the informant has made investment in STS Company but nothing was paid to him upon maturity of the investment.

¶4In the additional statement of the informant, he stated that subsequently, he came to know that money deposited in STS Company has been invested by six persons, including the applicant, in purchase of lands.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is involved in 43 other cases of similar nature. It has been stated that the applicant has been granted bail in 38 cases and the learned counsel for the applicant has submitted that subsequent to filing of the present application, the applicant has been granted bail in two more cases, all of which are of similar nature.

¶6The learned A.G.A. has opposed the prayer for bail and he has submitted that it has come to light during investigation that the applicant is the director in the company.

¶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 the company; that the has already been granted bail in 38 cases of similar nature and he is languishing in jail since 01.07.2022 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Sharad Kumar Verma be released on bail in Case Crime No.0133 of 2022, under Sections 419, 420, 406, 409 and 109 IPC, Police Station -Baddupur, 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench