Gunjan Verma Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2023)

Gunjan Verma Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Gunjan Verma to be released on bail in Case Crime No.644 of 2022, under Sections 420 and 409 IPC, P.S. Kotwali Nagar, District Barabanki, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) no tampering with prosecution evidence; (ii) no pressurizing prosecution witnesses; (iii) appearance on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Gunjan Verma, arraigned in Case Crime No.644 of 2022 under Sections 420 and 409 IPC (F.I.R. dated 02.07.2022, P.S. Kotwali Nagar, District Barabanki) concerning non-payment of matured investments, and who is a housewife with three minor children, in jail since 21.11.2022 and already granted bail in eight of 32 similar cases, should be enlarged on bail.

Court's answer

The court held that the combination of circumstances - that the dispute concerns non-payment of money invested in a company regarding which no recovery proceedings have been initiated further; that the applicant is a woman with three children already granted bail in eight similar cases; and that she has been in jail since 21.11.2022 with a three-year-old child without progress in trial - was sufficient to make out a case for her enlargement on bail.

Ratio / Principle

The bail application was allowed and the applicant was directed to be released on bail in Case Crime No.644 of 2022 on furnishing a personal bond and two sureties each in the like amount, subject to conditions that she shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each date fixed by the trial court.

Detailed headnote1 paragraphs

Bail - Economic offence (non-payment of matured investor deposits) - Applicant, a housewife with three minor children (one aged three years lodged with her in jail), sought bail in Case Crime No.644 of 2022 under Sections 420 and 409 IPC, P.S. Kotwali Nagar, District Barabanki, arising from an F.I.R. dated 02.07.2022 against eight persons regarding non-payment by STS- Sankalp Group after maturity in 2021. Court noted no recovery proceedings had been initiated beyond the dispute over non-payment; applicant already had bail in eight of 32 disclosed similar cases; in custody since 21.11.2022 with a three-year-old child and no progress in trial. Held these facts sufficient for enlargement on bail: application allowed; release ordered on personal bond and two sureties each in like amount, with conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on all dates fixed by the trial court. (Subhash Vidyarthi, J.; decided 31.10.2023.)

Neutral Citation No. - 2023:AHC-LKO:71192

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12616 of 2023

Applicant :- Gunjan Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Counsel for Applicant :- Gauri Suwan Pandey,Deepak Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shi Gauri Suwan Pandey, learned counsel for the applicant and Shri Akhilesh Kumar Vyas, learned AGA.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.644 of 2022, under Sections 420 and 409 IPC, registered at Police Station - Kotwali Nagar, District - Barabanki.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.07.2022 against eight persons, including the applicant, stating that the informant had made some investment in a company STS- Sankalp Group, which matured in the year 2021 but after maturity, no amount was paid to the investor.

In the affidavit filed in support of bail application, it has been stated that the applicant is the house wife having three minor children. Two of her children living with relatives and a child aged three years is forced to live with the applicant in jail. The applicant's involvement in 32 other cases has been disclosed in para-2 of the supplementary affidavit and she has been granted bail in eight cases.

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

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dispute is regarding non-payment of money invested in a company regarding which no recovery proceedings have been initiated any further; that the applicant is a woman having three children and although she has been granted bail in eight other cases of similar nature and she is languishing in jail since 21.11.2022 along with a three years old child without any progress in trial, and 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.

Accordingly, this bail application stands allowed .

Let the applicant- Gunjan Verma be released on bail in Case Crime No.644 of 2022, under Sections 420 and 409 IPC, registered at Police Station - Kotwali Nagar, 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 :- 31.10.2023 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench