Ankit Verma v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13140 of 2023 Applicant :- Ankit Verma Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Naveen Kumar Pandey, learned counsel for the applicant, Sri Anant Pratap 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.47 of 2023, under Sections 394, 506 I.P.C., registered at Police Station Chhapiya, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.02.2023 alleging commission of robbery by two motorcycle borne miscreants. The police claimed to have arrested two persons on 04.03.2023 on the basis of information received from a mukhbir and to have recovered the motorcycle used in the present incident from them. In his custodial statement recorded by co-accused Vikas Yadav in Case Crime No.76 of 2023 he stated that the applicant was also involved in commission of the incident.

¶4In 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.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has alleged commission of offence by two persons whereas the police claimed that three persons were involved in commission of the offence and this conclusion has been drawn on the basis of custodial statement of a co-accused person recorded in an another case; that the applicant has no previous criminal history and he is languishing in jail since 29.08.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Ankit 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 :- 7.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench