Arun Verma @ Arjun v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13984 of 2023 Applicant :- Arun Verma @ Arjun Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No. 131 of 2023, under Sections 394, 120-B, 411 I.P.C., Police Station Hasanganj, District-Lucknow. It is argued by the learned counsel for the applicant that the applicant is not named in the FIR. At the time of recovery, Rs. 55,000/- have been shown to be recovered from the possession of the applicant. On the basis of confessional statement, the applicant has been falsely implicated in the present case. Four accused persons Shyam Shukla, Naveen Bajpai, Jitendra Awasthi and Rajeev Srivastava have been released on bail by the coordinate benches of this court. The applicant is languishing in jail since 17.9.2023. Hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail of the applicant and submitted that the applicant is a member of an organized gang. He has committed heinous crime. The applicant is the head of the gang. The applicant is having criminal history of one case. From the perusal of the record, it is found that the applicant has been implicated in the present case on the basis of his confessional statement and recovery made from him. There is no identification mark on the notes recovered from the possession of the applicant that these were the same notes which were robbed from the victim. Four co accused persons having identical role have been enlarged on bail by the coordinate benches of this court. The applicant is languishing in jail since 17.9.2023. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let applicant Arun Verma @ Arjun who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 28.11.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench