Allowed

Vinod Verma and Another v. State of U.P.

Allahabad HC16 Dec 2020BAIL/35187/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicants in a case involving offences under Sections 308, 504, 323, and 325 IPC. Considering the novel coronavirus spread, lack of criminal history, and cross-versions, the court granted bail subject to personal bond and sureties.

What did the court decide?

Release on bail conditional upon furnishing a personal bond and two sureties each, verified by the court. Conditions imposed against tampering with evidence, seeking adjournments, and committing furth

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35187 of 2020

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Applicant :- Vinod Verma And Another Opposite Party :- State of U.P. Counsel for Applicant :- Thakur Prasad Dubey,Brijes Kumar Singh,Jai Singh Parihar Counsel for Opposite Party :- G.A.,Satish Kumar Mishra,Virendra Kumar Shukla

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Hon'ble Rajiv Joshi,J.

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Counter affidavit filed on behalf of the State is taken on record.

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Heard Sri Thakur Prasad Dubey and Sri Jai Singh Parihar, learned counsel for the applicants, Sri Satish Kumar Mishra, learned counsel for the informant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release them on bail in Case Crime No. 219 of 2020 under Sections- 308, 504 323 and 325 IPC, Police Station- Karari, District- Kaushambi, during pendency of trial.

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It is submitted by learned counsel for applicants that there are cross versions of the incident. Injuries have been caused to both the parties. It is further submitted that it cannot be ascertained at this stage which party was the aggressor. The applicants are innocent and falsely implicated the present case. It is further submitted that the charge-sheet has been submitted on 9.9.2020 under Sections- 308, 504 323 and 325 IPC, and the investigation had already been completed. It is further contended that offence under Section 308 IPC attempt to commit culpable homicide shall be punished with imprisonment or description description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. The applicants are in jail since 28.8.2020 and have no criminal history and if they are released on bail, there is no chance of their absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, Vinod Verma and Rajesh Verma who are involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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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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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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 16.12.2020 Akbar

Vinod Verma and Another v. State of U.P.

Case brief

What is this about?

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Vinod Verma and Another v. State of U.P.

Case brief

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