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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15044 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home 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 Akhilesh Kumar Vyas, 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. 1295 of 2022, under Section 420, 409, 506, 467, 471, 34, 468 I.P.C., registered at Police Station Kotwali, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 06.12.2022 against four persons, not including the applicant, stating that the informant had paid some amount for purchasing a plot of land in Sankalp City from Sangarsh Total Solution Pvt. Ltd. and several other persons had also made investment in the company but the company did not execute the sale deed of property in favour of the informant and the another persons.

¶4During investigation, the applicant has also been implicated in the present case because he is one of the directors of the company.

¶5In the affidavit filed in support of the bail application, the applicant's involvement in 43 other cases of similar nature has been disclosed in Para 17 of the affidavit and in 38 of which the applicant has already been granted bail.

¶6Co-accused persons, namely, Naved Ahmad, Mithlesh Verma, Atul Verma, Sangam Verma have been granted bail by means of orders dated 02.08.2023, 02.12.2023, 02.12.2023 &

22.11.2023 passed in Criminal Misc. Bail Application Nos. 9712 of 2023, 14202 of 2023, 14203 of 203, 13758 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 the applicant is not named in the F.I.R and he has subsequently been implicated merely because he was a co-Director of the Company and besides this there is no allegation of commission of an act by the applicant; that the applicant has already been granted bail in 38 other cases of similar nature and 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 aforesaid facts are sufficient for making out a case for enlargement of the applicant 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench