Sarvesh Verma v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12823 of 2023 Applicant :- Sarvesh Verma Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.203 of 2021 at Police Station-Maudaha, District-Hamirpur under Sections 324, 504, 506, 304, 326 IPC. The applicant is in jail since 24.07.2021. The first bail application of the applicant was rejected by this Court on 26.11.2021. The following arguments made by Shri Sandeep Mishra, learned counsel holding brief of Shri Vijay Bahadur Shivhare, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

2.The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

¶3The prosecution proposes to examine 13 witnesses to bring home the charges against the applicant. Only two witnesses have been examined till date.

¶4The prosecution is deliberately adopting dilatory tactics only to cause the prolonged incarceration of the applicant.

¶5Inordinate delay in concluding the trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

¶6The applicant does not have any criminal history apart from this case.

¶7The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sarvesh Verma be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 1.11.2023 Ashish Tripathi High Court of Judicature at Allahabad