Rajesh Verma v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9186 of 2023 Applicant :- Rajesh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Pandey,Manoj Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dilip Kumar Pandey, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 54 of 2023, under Section 147, 148, 323, 308, 504, 506 I.P.C., registered at Police Station Dilippur, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 30.03.2023 against six named persons, including the applicant and 2-3 unknown persons, alleging that all the accused persons assaulted the informant's husband with sticks and iron rods and when some person tried to intervene, they were also beaten up. Three persons have received injures in the incident, including a fracture on skull suffered by one person.

¶4However, in the F.I.R as also in the statement of all the persons, general allegations have been levelled against all the accused persons and no specific allegation has been levelled against the applicant.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the offences alleged carry a maximum punishment of imprisonment upto seven years and that the applicant has no criminal history and he is languishing in jail since 01.04.2023, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Rajesh Verma be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 13.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench