Visarjan v. State Of U.P. Thru. Prin. Secy. Deptt

It is urged that even in the complaint, the allegations are primarily against Avinash Chandra Verma and one Vikas Hawaldar, who were the Directors. It is submitted that the applicant himself was merely an agent of the Company, but there is no allegation that the applicant was instrumental in getting the deposits made in the Company which have been now misused. It is further urged that the applicant does not have any criminal history except for another case of like nature where another investor has made the allegations but that too is primarily against the Directors of the Company and not the applicant specifically. It is further pointed out that even in the statement recorded under Section 200 Cr.P.C., the thrust of the allegations are against the Directors of the Company and not against the applicant. It is stated that the applicant has been apprehended and is in jail since 07.01.2025 and in such circumstances, the applicant be enlarged on bail.

Learned A.G.A., on the basis of material in the case diary available with him, has opposed the prayer for bail, however, could not dispute the fact that in the complaint as well as in the statement recorded under Section 200 Cr.P.C., the complainant has primarily made allegations against Avinash Chandra Verma and Vikas Hawaldar, who are alleged to be the Directors of the Company. Learned AGA also could not dispute the fact that there is no material up till now to indicate that the applicant is/was the Director of the aforesaid Companies. He also could not dispute the fact that the applicant is not at the flight risk, nor is in a position to tamper with any evidence or influence any witness. Considering the rival submissions and the facts and circumstances of the case as well as the material available on record; considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

Let the applicant Visarjan involved in the aforesaid complaint case number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.2.2025 Rakesh/-