Anil Verma v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47853 of 2023 Applicant :- Anil Verma Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 137 of 2023 under Sections 392, 411 and 120B I.P.C., Police Station-Kotwali, District-Meerut, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is neither named in the F.I.R. nor arrested from the spot. The name of the applicant came into light in the statement of co-accused, thereafter, the applicant was arrested and a sum of Rs. 1,35,000/- was recovered from the applicant which the applicant claims to be his own. As a matter of fact, there was some dispute regarding the money between the applicant and co-accused Rohit due to which he has falsely implicated the applicant in this case. There is no independent witness of the alleged incident. The applicant is in jail since 26.08.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than two months, and after submission of the charge-sheet, 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 temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Anil Verma, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 S.Verma High Court of Judicature at Allahabad