Allowed

Umesh Verma v. State of U.P.

Allahabad HC4 Oct 2018BAIL/36452/2018

Case brief

AI extract

What is this about?

In this bail application, the High Court allowed the release on bail of the accused applicant, Umesh Verma, in a case involving theft and dishonesty, granting bail subject to standard conditions and furnishing of sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each, subject to five standard conditions including not tampering with evidence or pressuring witnesses.

Umesh Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36452 of 2018

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Applicant :- Umesh Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Ali Hasan, learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 2.4.2018 some unknown persons looted some gold and silver ornaments and documents of property from the house of complainant. During investigation, two accused persons namely, Rajendra Prasad Yadav Alias Rudal and Umesh Verma were arrested by the police and recovered some ornaments.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. With regard to person and property, identification parade has not been conducted. Offences levelled against the applicant are not attracted in the present case. Recovery was falsely planted by the police to show his good work. He is languishing in jail since 22.4.2018 (near about five and half months) criminal history of 14 cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been properly explained.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Umesh Verma involved in Case No. 3762 of 2018 as well as Case Crime No. 196 of 2018, under Sections 457, 380, 411 IPC, Police Station Kotwali, District Basti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 4.10.2018

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A. Singh

Umesh Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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