Allowed

Bittu Verma v. State of U.P.

Allahabad HC2 May 2019BAIL/18562/2019

Case brief

AI extract

What is this about?

In bail application No. 18562 of 2019, the Single Judge allowed the release of applicant Bittu Verma on personal bond and sureties in a case involving theft and recovery from a DCM, imposing standard conditions to prevent tampering and intimidation of witnesses.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of non-tampering, no criminal activity, and regular appearance.

Bittu Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18562 of 2019

¶3

Applicant :- Bittu Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Kailash Pati Singh Yadav,Sheo Prasad Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

By means of this application the applicant Bittu Verma has prayed to release him on bail in Case Crime No. 23 of 2019, u/s 392, 411, 413, 414 I.P.C., P.S. Shadiyabad, District Ghazipur.

¶6

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

¶7

Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number which was got registered against unknown miscreants. Subsequently, a recovery was said to be of DCM bearing registration No. U.P.54-T-2743, which was owned by Mustaq Khan @ Tannu Khan and driven by him and Istiyaq Khan @ Faishal @ Lallu, is his brother. Both of them have ran from spot whereas co-accused were said to have been apprehended. From personal search, no incriminating article was recovered from accused applicant nor there was any independent witness account of above recovery nor there was any such recovery nor he is concerned with above offence. There is no likelihood of fleeing from the course of justice or tampering with evidence, in case of release on bail. He is of no criminal antecedents. Hence, bail has been prayed for.

¶8

Learned AGA has vehemently opposed the bail application.

¶9

This report was got lodged against unknown persons. Accused applicant shown to be with no incriminating article but was boarding in above DCM, which was owned and driven by Mustaq Khan from which, the alleged looted articles of DCM of deceased, were recovered. Whereas no specific mark of identification of articles boarded over above looted DCM nor specific mark of identity of above recovered articles from above DCM, was there. Moreso, the applicant is of no criminal antecedents and no incriminating articles were recovered from his personal possession. Under all above facts and circumstances, the nature of accusations, severity of the

¶10

punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

¶11

Accordingly, the bail application is allowed.

¶12

Let the applicant, Buttu Verma, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

¶13

The applicant will not tamper with the evidence.

¶14

The applicant will not indulge in any criminal activity.

¶15

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶16

The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

¶17

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

¶18

Order Date :- 2.5.2019 Kamarjahan

Bittu Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bittu Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamta Kushwaha Vs State of U.P.

Anil Kumar Vs State of U.P.

Madhur Tiwari @ Golu Vs State of U.P.

Li Zikun Vs State of U.P.

Sadab @ Nizamudeen Vs State of U.P.

Keshari Vs State of U.P.