Allowed

Smt. Gunjan Verma v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC16 Feb 2024BAIL/1765/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused facing trial for cheating and criminal breach of trust. The court noted that charges were framed, a charge sheet was submitted, and similarly placed co-accused had been granted bail. Bail was granted subject to conditions against tampering with evidence and cooperating in the trial.

What did the court decide?

Bail granted to Smt. Gunjan Verma on furnishing personal bond with two sureties, subject to conditions regarding evidence integrity and trial cooperation.

Smt. Gunjan 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:17945

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1765 of 2024

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Applicant :- Smt. Gunjan Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Vivek Chandra,Manish Arora Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Shri Rohit Tripathi, learned counsel appearing for the Enforcement Directorate informs this Court that only a preliminary inquiry is being conducted in the matter and no formal E.C.I.R. has been registered so far.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and charge sheet in this case has also been submitted.

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Heard Shri Vivek Chandra, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Smt. Gunjan Verma for grant of bail, in Case Crime No. 304 of 2022, under Sections 409, 420 and 34 I.P.C., Police Station Pachpedwa, District Balrampur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The F.I.R. of this case has been lodged against eight persons including the applicant with the allegations that the applicant and other co-accused persons had opened a society in the name of S.T.S./Sankalp Group in the year, 2017 and many persons have deposited money in the company and thereafter the office of the company was closed and the money, which was taken from the depositor has not been returned to them.

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It is vehemently submitted that applicant is the wife of coaccused Sharad Kumar Verma and he has nominated the applicant as Director of the company, however, she was never involved in the management of the company as all the works of the company was controlled by her husband and she is a household lady.

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It is further submitted that the applicant has been involved in other 33 cases of identical nature, however, she has been granted bail in 30 of such cases. She is languishing in jail in this case since 21.11.2022 along with her three years old son and though, the charges have been framed but having regard to the pendencies of the cases before the trial court, the case is not going to conclude in near future. There is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty. It is also submitted that identically placed co-accused person, namely Sangam Kumar Verma @ Sangam Verma has been granted bail by this Court, vide order dated 20.02.2024 passed in Criminal Misc. Bail Application No. 1896 of 2024.

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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, therefore, he is not entitled to be released on bail.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the applicant before this Court was a Director of the Company along with other persons and the victims as well as the informant alleged to have invested huge amount in his company and it was promised that the enhanced amount or a piece of land would be provided to them. Defence of the applicant appears to be that installments were not deposited by the depositors timely resulting in huge financial loss to the company and also that 33 criminal cases of identical nature have been lodged against the applicant, out of which, in 30 cases he has been granted bail by the Coordinate Benches of this Court. The applicant is in jail in this case since 21.11.2022 and criminal history of the applicant has been adequately explained. Identically placed co-accused person, namely Sangam Kumar Verma @ Sangam Verma has been granted bail by this Court. Charge sheet in this case has already been submitted and her presence would be secured before the trial court by placing adequate conditions.

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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 and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Smt. Gunjan Verma involved in the aforesaid 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 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 are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 27.2.2024 Praveen

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

Smt. Gunjan Verma v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Smt. Gunjan Verma v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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