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Balram Verma v. State of U.P. Thru. Prin. Secy. Civil Sectt. Lko

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
3 November 2023
Bench
Subhash Vidyarthiauthor
Case no.
11968/2023

Judgment

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11968 of 2023 Applicant :- Balram Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko Counsel for Applicant :- Kapil Dev Srivastava,Deepak Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Deepak Kumar, learned counsel for the applicant, Smt. Arti Gupta Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.331 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.06.2023 against the applicant alleging that he had approached the Additional District Magistrate for joining on the post of Public Relations Officer on the basis of forged appointment letter on 14.06.2023.

¶4The police claimed to have arrested the applicant and one Neeraj Kumar Yadav on 16.06.2023 on the basis of information received from a mukhbir. It is alleged that Neeraj Kumar Yadav had provided fake appointment letter to the applicant.

¶5In the affidavit filed in support of 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. It has also been submitted that the co-accused Neeraj Kumar Yadav has been granted bail by this court by means of an order dated 02.11.2023, passed in Criminal Misc. Bail Application No.12931 of 2023.

¶6The learned A.G.A. has opposed the prayer for 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 no incriminating material has been recovered from the applicant, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 16.06.2023 whereas a co-accused has already been enlarged on bail by this court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Balram 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 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. . (Subhash Vidyarthi, J.) Order Date :- 3.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.