Shivam Verma v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47906 of 2023 Applicant :- Shivam Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 538 of 2023, under Sections 392, 411 I.P.C Police Station-Kotwali Dehat, District-Bulandshahr, during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated by the police in the instant case. Learned counsel for the applicant has properly explained the criminal history of the applicant in para 19 of the affidavit, in which the applicant has already been released on bail. Copies of the bail order have been annexed as Annexure No. 4 to the affidavit. In addition to that status of two other cases has been explained in para 3 of the supplementary affidavit. It is next contended that the co-accused-Rajeev, having identical role, has been granted bail by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 50806 2023 vide order dated 28.11.2023. Copy of the bail order provided by the learned counsel for the applicant is taken on record. The applicant claims parity. The applicant has no criminal history, he is in jail since

19.08.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Shivam 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; iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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 :- 29.11.2023 Vinod/Shahroz. High Court of Judicature at Allahabad