Avdhesh Verma v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45331 of 2023 Applicant :- Avdhesh Verma Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.,Atul Kumar Singh Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and Sri Atul Kumar Singh, learned counsel for the informant.

¶3The 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. 875 of 2022, under Sections 307, 506 I.P.C., Police Station Tilhar, District Shahjahanpur during the pendency of the trial.

¶4Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report six persons including the applicant and three unknown persons are nominated. A vague and general role has been assigned to the applicant. As per the medical report, the injured sustained five injuries, which were found simple in nature and caused by hard and blunt object. Identically placed co-accused Rajesh Verma has been granted bail by this Court in Criminal Misc. Bail Application No. 16858 of 2023, Rajesh Verma v. State of U.P., vide order dated 13.04.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-2 of the supplementary affidavit. The applicant is in jail since

21.09.2023 and if he is released on bail, he will not misuse the said liberty.

¶5Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. As per the medical report, injuries were simple in nature and caused by hard and blunt object. Identically placed co-accused Rajesh Verma has been granted bail by this Court. Moreover, 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, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Avdhesh Verma, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 30.11.2023 SKT/- High Court of Judicature at Allahabad