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RAKESH VERMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rakesh Verma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18096 of 2006 [2006] RD-AH 15010 (31 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

RESERVED

Criminal Misc. Bail Application No. 18096 of 2006

Rakesh Verma            Vs.                   State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Rakesh Verma   indicted in case crime No. 2F of 2003   under sections 406, 420, 467, 468, 471, 120-B  I.P.C. P.S. Kotwali   District Rampur.

Heard Shri  G.S. Chaturvedi, Shri V.P. Srivastava both learned Senior counsel assisted by Shri Abhay Saxena, learned counsel for the applicant,  learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the applicant is neither the owner nor partner of  O.K. Instalment  Company having its head office at Hamid Gate Rampur. The learned counsel urged that the applicant is the son-in-law of co-accused Suraj Bhan Kalra, one of the partner of the firm. The learned counsel contended that applicant is a resident of Delhi and carries  on his business there and has no concern with the finance companies floated by his father-in-law and his family members. The learned counsel referring to the statement of Murari Lal Saxena accountant of finance company submitted that the business transactions were carried by Shri Ved Prakash Kalra and his brothers Shri Suraj Bhan Kalra and Shri Om Prakash Kalra. The learned counsel argued that receipts for the money invested and received from Mohammad Khan (informant), Nazim,  Km. Subnam, Km. Shama and Smt. Noor Jahan were issued by Shri Suraj Bhan Kalra, Shri Ved Prakash Kalra , Shri Dharam Prakash Kalra and Shri Roshan Kalra. The learned counsel urged that no amount was received by the applicant from the investors.

The learned A.G.A. submitted that the arrest of the applicant was made from Delhi in compliance of non-bailable warrant.  The learned counsel argued that the applicant allured the innocent persons to deposit their amount with the finance company on assurance of refund  with huge interest.

I have taken into consideration the submissions advanced on behalf of both the parties.

The amounts were not received by the applicant from the informant and other investors. The case of the applicant is distinguishable from co-accused Suraj Bhan Kalra, Dharm Prakash Kalra and Roshan Kalra by whom the amounts were received from the investors and receipts were issued in token thereof.  

Let the applicant Rakesh Verma   indicted in case crime No. 2F of 2003   under sections 406, 420, 467, 468, 471, 120-B  I.P.C. P.S. Kotwali   District Rampur , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/18096/06

31.8.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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