Allowed

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

Allahabad HC5 Apr 2024/732/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) allowed an anticipatory bail application filed by Sushil Kumar Verma against allegations of cheating and criminal breach of trust. The court observed the dispute primarily involved a money transaction and found no flight risk.

What did the court decide?

Anticipatory bail allowed till the conclusion of trial; applicant to be released on personal bond with two reliable sureties if arrested, subject to specified conditions.

Sushil Kumar Verma Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27864

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 732 of 2024

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

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Counsel for Applicant :- Desh Deepak Singh,Anilesh Tewari,Avinash Singh Vishen,Pradeep Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.0130/2023, under Sections 406 and 420 IPC, relating to police station Aliganj, District Lucknow.

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The submission of the learned counsel for the applicant is that as per the version contained in the FIR, it is alleged that the applicant is working as a Junior Engineer in the Rajya Nirman Sahakari Sangh and is posted in District Banda.

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It is further alleged that the applicant is said to have promised complainant of facilitating a Government contract which is issued by the Department and in lieu thereof, had accepted a sum of Rs.15.00 lakhs. It is further urged that the aforesaid incident is relating to the year 2019 and despite various persuasion once the contract was not facilitated in favour of the complainant, accordingly, several calls were made for return the money to which the applicant answered that the same would be returned within a short period of time and also issued two cheques in favour of the complainant.

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It is urged that neither the cheques were honoured nor the money was returned. It is in this context, the complainant is said to have voice recording relating to the aforesaid transactions and prima-facie the offence is made out against the applicant for which action be taken.

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The submission of the learned counsel for the applicant is that the entire averments made in the FIR are false and the applicant has been falsely implicated. It is further urged that neither the applicant has any criminal history apart from that he is an

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employee of Rajya Nirman Sahakari Sangh and has deep roots in the society and is also not at the flight risk.

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It is further stated that the allegations are vague as there is no specific date, time indicated as to when the alleged amount of Rs.15.00 lakhs was paid to the applicant. It has also been pointed out that the charge-sheet has also been filed and in the aforesaid circumstances the custody of the applicant was not required coupled with the fact that the applicant cooperated in the investigation and once the charge-sheet has been filed, there is no chance of the applicant to tamper with the evidence or influence any witness. In the aforesaid circumstances, the applicant is entitled for anticipatory bail.

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Learned AGA has opposed the aforesaid the anticipatory bail and submits that the applicant has seven cases to his credit and as such the the instant anticipatory bail application deserves to be rejected.

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Considered the aforesaid and also from the perusal of the material on record, apparently insofar as the criminal history is concerned, the same has been disclosed by the applicant in Paragraph-24 of the present application and has also brought on record a copy of the bail order passing in Criminal Misc. Bail Application No.12106 of 2023 passed by a Coordinate Bench of this Court on 11.10.2023 wherein similar allegations have been alleged against the applicant. It also further appears that primarily the dispute is in between the applicant and the complainant is relating to money transaction.

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Needless to say that as per the version in the FIR, the complainant had given the aforesaid sum for an unlawful purpose and considering the facts and circumstances including the nature and gravity of the accusation and no apprehension has been expressed that the applicant is at flight risk, hence, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Sushil Kumar Verma involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court Concerned, with the conditions:-

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(a) that the applicant shall make himself available for interrogation by the police officer as and when required;

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(b) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(d) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(e) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 5.4.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

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