Vishal Verma v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47731 of 2023 Applicant :- Vishal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 472 of 2023, under Sections 394, 411 & 120B of I.P.C., Police Station-Kotwali Shamli, District-Shamli during pendency of the trial.

¶3Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused, Ajay and Akash in Police custody. The said statements, insofar as, it implicate the applicant are unreliable. No recovery of any incriminating article has been made from the applicant. Recovery has been shown from the co-accused, Ajay and Akash. The case of the applicant is clearly distinguishable from that of other co-accused. The applicant is in jail since

25.09.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned brief holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused, Ajay and Akash in Police custody. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Vishal Verma involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 8.11.2023 Sachin Mishra High Court of Judicature at Allahabad