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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8894 of 2023 Applicant :- Om Prakash Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar, the learned counsel for the applicant as well as Smt. Arti Gupta Singh, the learned State Counsel and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 257 of 2022, under Section 34, 420, 467, 468, 471, 447, 427, 504, 506 I.P.C., registered at Police Station Masauli, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 08.06.2022 against nine persons, including the applicant, alleging that the informant had purchased a plot of land from the applicant, who is the proprietor of Sankalp Trading Services and the informant is in the possession of the said land and his name was also mutated in the revenue records but subsequently, some other persons started claiming the land to be their own on the basis of subsequent sale deeds executed in their favour..

¶4In the affidavit filed in support of the bail application the applicant's involvement in 45 other cases of similar nature has been disclosed in Para 2 of the supplementary affidavit, in 27 of which he has already been granted bail.

¶5The learned counsel for the applicant has submitted that co-accused Sangam Verma, Chandan Yadav, Rajendra Prasad Mishra, Pramod Kumar, Atul Verma and Smt. Mithilesh Verma have already been enlarged on bail by this court.

¶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 applicant is a 69 years old aged person; that apparently no civil proceedings for grievances raised by lodging the F.I.R being initiated by the informant and that six co-accused persons have already been granted bail coupled with the fact that the applicant is languishing in jail since 25.06.2022, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Om Prakash 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. . (Subhash Vidyarthi,J.) Order Date :- 13.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench