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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12443 of 2023 Applicant :- Sangam Verma Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Sri Arvind Kumar, the learned counsel for the applicant, Sri Arpit Kumar, the learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 257 of 2022, under Sections 34, 420, 467, 468, 471 IPC, Police Station Masauli, District Barabanki.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 08.06.2022 against nine named persons, not including the applicant, and an unknown person, alleging that the informant had purchased a plot of land from the co-accused Om Prakash Verma and later on some other persons tried to take possession of the land saying that they had also purchased the same land by a subsequent sale deed executed by Om Prakash Verma. The FIR does not mention any specific allegation of any act committed by the applicant which may make out commission of any offence by him.

¶4In the affidavit filed in support of the bail application it has been submitted that the applicant is innocent and he has falsely been implicated in the present case. The applicant's criminal history of 59 cases has been explained in para 17 of the affidavit filed in support of the bail application. It has also been submitted that the co-accused Chandan Yadav @ Sonu Yadav and Atul Verma has already been granted bail by means of an order dated 06.12.2022, passed by this Court in Crl. Misc. Bail Application No. 14254 of 2022 and the co-accused Atul Verma has also been enlarged on bail by this court by means of an order dated 07.07.2023, passed in Criminal Misc. Bail Application No.8503 of 2023.

¶5Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges execution of sale deeds by co-accused Om Prakash Verma; there is no specific allegation of any act committed by the applicant; that two of the co-accused Chandan Yadav @ Sonu Yadav and Atul Verma have already been granted bail by this court and the applicant is languishing in jail since 29.07.2022, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

¶6Accordingly, this bail application is allowed.

¶7Let the applicant Sangam Verma be released on bail in Case Crime No. 257 of 2022, under Sections 34, 420, 467, 468, 471 IPC, Police Station Masauli, District Barabanki on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not temper 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. . (Subhash Vidyarthi, J.) Order Date :- 19.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench