Nitin Verma v. State of U.P. Thru. Secy. Deptt. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12361 of 2023 Applicant :- Nitin Verma Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. Counsel for Applicant :- Maya Ram Yadav,Ashutosh Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Suresh Chandra Srivastava, the learned counsel for the applicant as well as Sri Rakesh Kumar Singh, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 43 of 2023, under Section 147, 149, 307, 323, 427, 504, 506 I.P.C. and Section 29/30 Arms Act, registered at Police Station Kotwali Ayodhya, District Ayodhya/Faizabad.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 18.01.2023, alleging that three to four unknown persons had attacked the informant, who was driving a bus and they had beaten up the informant and his assistant and had damaged the bus also.

¶4In 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.

¶5The learned counsel for the applicant has submitted that co-accused persons, namely, Arvind, Ran Vijay Verma, Pramod Kumar Verma and Dharmendra Koree, have already been granted bail by means of orders dated 01.05.2023, 16.05.2023,

18.07.2023 and 23.08.2023 passed by this Court in Criminal Misc. Bail Application Nos. 5761 of 2023, 5565 of 2023, 7034 of 2023 and 7207 of 2023, respectively.

¶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 and keeping in view the fact that three co-accused persons have already granted bail and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Nitin 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 :- 18.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench