Smt. Mithlesh Verma Vs State of U.P. Thru. Prin. Secy. Home Lko.

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Neutral Citation No. - 2024:AHC-LKO:5994

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 621 of 2024

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

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Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto-date case diary.

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A bunch of bail orders, passed in favour of the applicant, by the coordinate Bench of this Court has been placed for perusal of this Court and the same is taken on record.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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The instant application has been moved by the applicant- Smt. Mithlesh Verma , in Case Crime No. 605 of 2022, under Sections 409 ,420 and 34 I.P.C., Police Station- Kotwali Nagar, DistrictBarabanki with the prayer to enlarge her on anticipatory bail, as she is apprehending her arrest in the above-mentioned case.

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Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The

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applicant was one of the Directors of Life Long Care Multi State Agro Cooperative Society Ltd. and allegations against her are to the tune that the aforesaid company has lured common people to deposit their money in return of exorbitant maturity amount, however, even after deposition of the money by the depositors, the maturity amount was not refunded to them.

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It is vehemently submitted that the applicant was only a Director of the aforesaid company and was not actively involved in the management of the company and about 43 cases of identical nature so far have been lodged against the applicant only on account of designation hold by her in the said company and out of these 43 cases, in 31 cases she has been granted bail by the competent Criminal Courts. The bail orders granted in favour of the applicant has been placed on record by filing a bunch, which is taken on record.

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It is also submitted that identically placed coaccused persons, namely, Abhishek Upadhyaya, Yashwant Rawat, Om Prakahsh Verma, Sharad Kumar Verma, Sangam Kumar Verma and Atul Kumar Verma, who were Presidents and Directors of the aforesaid company, have been already been enlarged on bail by Coordinate Benches of this Court vide orders passed in Criminal Misc. Bail applications Nos. 3283 of 2023, 3784 of 2023, 10861 of 2023, 13567 of 2023, 15092 of 2023 and 10860 of 2023 respectively. The applicant is in jail in this case since 23.11.2022. charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may

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otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, she is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the applicant.

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Having considered the fact that identically placed co-accused have been granted bail by Coordinate Benches of this Court and also considering the fact that out of 43 criminal cases shown as the criminal history, the applicant has already been granted bail in 31 cases and the cases are identical in nature, a case of bail is made out in favour of the applicant. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 23.11.2022. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

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Let the accused/applicant- Smt. Mithlesh Verma , involved in above-mentioned case, be released on bail on her furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to

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following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 19.1.2024

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MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mithlesh Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

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Smt. Mithlesh Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

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