High Court · 2025

1. Heard learned counsel for the applicant, learned AGA, for the State and perused the record.

2. The first bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.247 of 2020, under Sections 406, 420,467, 468, 471 IPC, Police Station Gazipur, District Lucknow.

3. FIR of the present case was lodged against the applicant and 8 other accused persons on 30.03.2020 and according to the FIR applicant along with other named accused persons told the informant that they have received contract for preparation of digital ration cards and if he wants to work with them then he will have to invest Rs.65,50,000/- and thereafter on 29.11.2019 informant transferred Rs.3,00,000/- in the account of Dharma Enterprises and again on 5.12.2019 he transferred Rs.17,34,000/- in the account of Dharma Enterprises and thereafter he handed over remaining Rs.45,00,000/- cash to them but subsequently he came to know that applicant and others duped him. It is further mentioned in the FIR that after pressure co-accused Alok Mishra on 1.1.2020 returned Rs.3,99,998/- to him and remaining amount has been embezzled by applicant and others.

4. Learned counsel for the applicant submits that entire allegation levelled against the applicant is totally false and on the basis of general allegation he has been roped in the present matter along with co-accused Alok Mishra.

5. He submits that however as per the informant, he transferred total Rs. 20,34,000/- in the account of Dharma Enterprises which belongs to the wife of the applicant but entire money was transferred on the instigation of co-accused Alok Mishra and subsequently he received entire money too and this fact is evident from the fact that on 1.1.2020 even as per informant, co-accused Alok Mishra returned him about Rs.4,00,000/-.

6. He further submits that co-accused Alok Mishra also gave cheques of Rs.16,34,000/- to the informant but as cheques were dishonored therefore, informant filed a criminal complaint against him under Section 138 N.I.Act and, therefore, it appears that principal accused in the present case is Alok Mishra.

7. He further submits that apart from the present case, however, applicant is having criminal history of 3 other cases but his criminal history has been explained in the instant bail application. He next submits, applicant never intended to dupe the informant.

8. He further submits that all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 08.07.2021 with regard to other offences. 9 Per contra, learned AGA opposed the prayer for bail and submits that as Rs.20,34,000/- were transferred by the informant in the account of the firm of the wife of applicant, therefore, it cannot be said that he did not receive any money but he could not dispute the fact that about Rs.4,00,000/-has been returned by co-accused Alok Mishra to the informant and two cheques of Rs. 16,34,000/- were also given by him to the informant and for which he is facing trial under Section 138 N.I.Act.

10. Learned AGA further could not dispute the fact that in the present matter applicant is in jail for the last more than one and half years.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, as per allegation applicant and other accused persons duped the informant and received huge amount of money from him and it reflects that Rs.20,34,000/- were also transferred in the account of the Firm of the wife of applicant but out of Rs.20,34,000/-, about Rs. 4,00,000/- has been returned by co-accused Alok Mishra to the informant and with regard to the amount of Rs.16,34,000/-he gave him two cheques which were dishonored and he is facing trial for offence under Section 138 N.I.Act and therefore, all these facts indicate that co-accused Alok Mishra appears to be principal accused and argument advanced by learned counsel for applicant that after the transfer of money in the account of the Firm of the wife of applicant he received entire money cannot be ruled out at this stage.

13. Further, however, apart from the present case applicant is having criminal history of 3 other cases but his criminal history has been explained in the instant bail application.

14. Further, all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 08.07.2021 with regard to other offences.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Ram Milan Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, learned AGA, for the State and perused the record.

2. The first bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.247 of 2020, under Sections 406, 420,467, 468, 471 IPC, Police Station Gazipur, District Lucknow.

3. FIR of the present case was lodged against the applicant and 8 other accused persons on 30.03.2020 and according to the FIR applicant along with other named accused persons told the informant that they have received contract for preparation of digital ration cards and if he wants to work with them then he will have to invest Rs.65,50,000/- and thereafter on 29.11.2019 informant transferred Rs.3,00,000/- in the account of Dharma Enterprises and again on 5.12.2019 he transferred Rs.17,34,000/- in the account of Dharma Enterprises and thereafter he handed over remaining Rs.45,00,000/- cash to them but subsequently he came to know that applicant and others duped him. It is further mentioned in the FIR that after pressure co-accused Alok Mishra on 1.1.2020 returned Rs.3,99,998/- to him and remaining amount has been embezzled by applicant and others.

4. Learned counsel for the applicant submits that entire allegation levelled against the applicant is totally false and on the basis of general allegation he has been roped in the present matter along with co-accused Alok Mishra.

5. He submits that however as per the informant, he transferred total Rs. 20,34,000/- in the account of Dharma Enterprises which belongs to the wife of the applicant but entire money was transferred on the instigation of co-accused Alok Mishra and subsequently he received entire money too and this fact is evident from the fact that on 1.1.2020 even as per informant, co-accused Alok Mishra returned him about Rs.4,00,000/-.

6. He further submits that co-accused Alok Mishra also gave cheques of Rs.16,34,000/- to the informant but as cheques were dishonored therefore, informant filed a criminal complaint against him under Section 138 N.I.Act and, therefore, it appears that principal accused in the present case is Alok Mishra.

7. He further submits that apart from the present case, however, applicant is having criminal history of 3 other cases but his criminal history has been explained in the instant bail application. He next submits, applicant never intended to dupe the informant.

8. He further submits that all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 08.07.2021 with regard to other offences. 9 Per contra, learned AGA opposed the prayer for bail and submits that as Rs.20,34,000/- were transferred by the informant in the account of the firm of the wife of applicant, therefore, it cannot be said that he did not receive any money but he could not dispute the fact that about Rs.4,00,000/-has been returned by co-accused Alok Mishra to the informant and two cheques of Rs. 16,34,000/- were also given by him to the informant and for which he is facing trial under Section 138 N.I.Act.

10. Learned AGA further could not dispute the fact that in the present matter applicant is in jail for the last more than one and half years.

11. I have heard learned counsel for the parties and perused the record of the case.

12. However, as per allegation applicant and other accused persons duped the informant and received huge amount of money from him and it reflects that Rs.20,34,000/- were also transferred in the account of the Firm of the wife of applicant but out of Rs.20,34,000/-, about Rs. 4,00,000/- has been returned by co-accused Alok Mishra to the informant and with regard to the amount of Rs.16,34,000/-he gave him two cheques which were dishonored and he is facing trial for offence under Section 138 N.I.Act and therefore, all these facts indicate that co-accused Alok Mishra appears to be principal accused and argument advanced by learned counsel for applicant that after the transfer of money in the account of the Firm of the wife of applicant he received entire money cannot be ruled out at this stage.

13. Further, however, apart from the present case applicant is having criminal history of 3 other cases but his criminal history has been explained in the instant bail application.

14. Further, all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 08.07.2021 with regard to other offences.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Ram Milan Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench