Allowed

Sangam Kumar Verma @ Sangam Verma v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Allahabad HC22 Jan 2024BAIL/740/2024

Case brief

AI extract

What is this about?

Bail application in a cheating and criminal breach of trust case; granted on ground of parity with similarly situated co-accused who were already enlarged on bail.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties, subject to stated conditions; trial court directed to conclude trial expeditiously.

Sangam Kumar Verma @ Sangam Verma vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17080

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 740 of 2024

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Applicant :- Sangam Kumar Verma @ Sangam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, Shri Rao Narendra Singh, learned A.G.A. for the State and perused the record. Shri Kuldeep Srivastava, learned counsel appearing for the Enforcement Directorate is also present.

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In pursuance of the earlier order, Dr. Beenu Singh, Deputy Superintendent of Police/Circle Officer, Barabanki along with Shri Ashok Kumar Yadav-Sub Inspector, Investigating Officer of the present case are present before this Court.

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Dr. Beenu Singh informs that the charge sheets have already been filed against all the accused persons before competent court.

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The present bail application has been filed by the applicant in F.I.R. No. 716 of 2022, under Sections 409 and 420 I.P.C., Police Station Kotwali Barabanki, District Barabanki with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. It is further submitted that the applicant has also been involved in 59 cases of identical nature, out of which, he has been enlarged on bail in 48 cases. It is also submitted that the co-accused persons, Pramod Kumar @ Pramod Kumar Verma, Rajendra Prasad Mishra have already been enlarged on bail by this Court vide orders dated 02.08.2023 and 28.10.2023 passed in Bail Application Nos. 9719 of 2023 and 12637 of 2023. The bail orders of co-accused along with other co-accused are

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annexed collectively as Annexure 4 to the bail application. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Shri Rao Narendra Singh, learned A.G.A. opposes the prayer for grant of bail to the applicant, but fairly concedes that similarly situated co-accused persons, Pramod Kumar @ Pramod Kumar Verma, Rajendra Prasad Mishra along with other co-accused have already been granted bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the coaccused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

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Let applicant -Sangam Kumar Verma @ Sangam Verma be released on bail in F.I.R. No. 716 of 2022 (supra), on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 office or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the trial

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court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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However, the trial court is directed to conclude the trial expeditiously.

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Order Date :- 26.2.2024 VKS

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

Sangam Kumar Verma @ Sangam Verma v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Case brief

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Sangam Kumar Verma @ Sangam Verma v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

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