Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23693 of 2021 Applicant :- Brijesh Kumar Varma Opposite Party :- State of U.P.
Counsel for Applicant :- Rajjan Singh Yadav Counsel for Opposite Party :- G.A.,Ajay Singh Yadav,Anurag Yadav,Mahendra Pratap
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Sri Ajay Singh Yadav, learned counsel for the first informant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No. 743 of 2020, under Sections 420, 465, 467, 468, 471, 120B I.P.C. P.S.- Noida Sector-24, District-
Gautam Budh Nagar with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that applicant is Director of a N.G.O. namely S.S.S. and this N.G.O. used to train persons in sewing and weaving etc. It has been stated that allegation that applicant has cheated the informant and other victims on pretext of providing jobs is false and baseless and that there is no evidence that first informant or other victims have given any amount to applicant. No receipt regarding any payment has been shown. It was submitted that no case under Section 420, 465, 467, 468, 471, 120B I.P.C. is made out against applicant and that co-accused persons Mahesh Patel and Rajveer have already been granted bail. It was further submitted that applicant is languishing in jail since 20.12.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned counsel for one of the victim as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is head of alleged N.G.O. and that he had cheated a number of persons on the pretext that he would provide jobs to them and took various amounts from victims in the name of security money. Learned A.G.A. submitted that applicant is main accused and that recovery of number of incriminating documents including that of appointment letters and other documents has been made from possession of applicant. It was stated that 30 victims were cheated in the same manner. It was also stated that case of applicant has no parity with co-accused persons, as applicant is main accused and beneficiary. It was also pointed out that in the similar manner earlier, he has cheated various persons and in this connection a Case Crime No.119 of 2013, under Sections 419, 420, 467, 468, 471, IPC, Police Station Kotwali, District Fatehpur was registered against him and he was on bail in that case. It was pointed out that this type of crime is increasing with alarming speed where innocent unemployed persons are being cheated.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Brijesh Kumar Varma is hereby rejected.
However, keeping in view of period of incarceration of applicant, the trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing a certified copy of this order, if there is no legal impediment.
Digitally signed by RAJBEER SINGH Date: 2021.10.29 07:58:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 27.10.2021 Neeraj