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2025 DAILYLAW 116663 (ALL)

NEELAM VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/339/2025 · 2025-01-15

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2639 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 339 of 2025 Applicant :- Neelam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sushil Kumar Shukla,Prakhar Pratap Singh,Rohini Kashyap,Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate-I. 2. As per learned counsel for the applicant, the applicant is in jail since 29.07.2023 in Case Crime No. 808 of 2019, under Sections 409, 420, 120B IPC, Police Station- Vibhuti Khand (E.O.W.), District- Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged. It is further stated that the applicant has been assigned the role of the Director of the Company which defrauded the various persons. Initially, 37 FIR's of similar nature have been lodged against the applicant, out of which the learned Trial Court has taken cognizance of 29 cases and out of those 29 cases, the applicant has been granted bail in 26 cases. Recital to this effect has been given in Para No. 35 to 37 of the bail application. Vide Para 35 of the bail application, the details of criminal cases have been explained. By means of the Annexure No. 9, the bail order of 26 cases have been enclosed collectively. The applicant had resigned from the company on 27.02.2019. Since then, she had nothing to do with such company. The applicant undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 437 Cr.P.C. 4. Sri Nikhil Singh, learned Additional Government Advocate-I has, however, opposed the prayer for bail by submitting that the applicant was the Director of the of the company and being the Director of the Company, she is equally responsible for illegal act being committed by the Company. 5. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that applicant has been assigned the role of the Director of the Company; 37 FIR's of similar nature have been lodged against the applicant, out of which the learned Trial Court has taken cognizance of 29 cases and out of those 29 cases, the applicant has been granted bail in 26 cases; the applicant had resigned from the company on 27.02.2019 and since then, she had nothing to do with such company; the undertaking of the applicant that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail; being a lady she may be given the benefit of Section 437 Cr.P.C., I am of the view that the present applicant may be released on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Neelam Verma be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 her in accordance with law. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 15.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench