Allowed

Rahul Verma v. State of U.P.

Allahabad HC2 Nov 2020BAIL/29731/2020

Case brief

AI extract

What is this about?

This is a Criminal Misc. Bail Application where the applicant Rahul Verma, impugned in a murder case, sought bail claiming false implication and no likelihood of fleeing. The court allowed the application, fixing conditions for bail.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of like amount, subject to conditions to cooperate in trial and not tamper with evidence.

Rahul Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29731 of 2020

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Applicant :- Rahul Verma Opposite Party :- State of U.P. Counsel for Applicant :- Jai Shankar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0092 of 2020, under Sections 323, 307, 302, 506, 120-B I.P.C., P.S. Khutahan, District Jaunpur, during pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; the only allegation against the applicant is that applicant took one of the injured on his motorcycle from the spot when the villagers were hitting them; there is no evidence against the applicant regarding murder of the deceased. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 18.6.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in

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(2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant-Rahul Verma, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 2.11.2020

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Meenu

Rahul Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul 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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