Allowed

Avadhesh Verma v. State of U.P.

Allahabad HC29 Aug 2022/334/2021

Case brief

AI extract

What is this about?

Hon'ble Sanjay Kumar Pachoi, J. allowed an anticipatory bail application filed by Avadhesh Verma in a case under IPC Sections 272, 273 and U.P. Excise Act Sections 60, 63. The court noted the applicant's lack of criminal antecedents and prima facie innocence before granting bail subject to specific bonds and conditions.

What did the court decide?

Enlargement of the applicant on anticipatory bail via personal bond of Rs. 25,000 and two sureties of like amount.

Avadhesh Verma Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 334 of 2021

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Applicant :- Avadhesh Verma Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Pandey,Mohd. Amir Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Rajesh Kumar Angihotir, Advocate holding brief of Sri Pawan Kumar Pandey, learned counsel for the applicant and Shri Shiv Kumar Mishra, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Avadhesh Verma in Case Crime No. 292 of 2020, under Sections 272, 273 of I.P.C., and Section 60 and 63 of U.P. Excise Act, Police Station - Kamlapur, District - Sitapur till the conclusion of the trial, the applicant has directly approached this Court.

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Learned counsel for the applicant submits that the applicant has granted interim bail in the present case on 22.01.2021 during the Covid- 19 period and the present anticipatory bail application has been entertained directly before this court.

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It is further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive as well as non payment of illegal gratification to the local police. It is further submitted that no incriminating article has been recovered from the possession off the applicant. The alleged recovery of 985 ltrs. illicit liquor and 10 kg urea and other empty plastic and small container from the joint possession of the 5 other persons from the spot without complying the mandatory provision of Section 100 Cr.P.C. It is further submitted that applicant is not arrested along-with other co-accused persons. It is further submitted that co-accused Rajnesh Kumar Jaiswal and Sarvesh Jaiswal, having similar role, has already been granted interim bail by Coordinate Benches of this Court vide orders dated 06.01.2021 and 21.01.2021, passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 14 of 2021 and 762 of 2021. The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone

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any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant but he has not refuted the fact that the applicant has no criminal antecedent to his credit.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3), Cr.P.C. (U.P. Amendment) is not required.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Avadhesh Verma is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(ii) 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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the

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same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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(v) 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.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 29.8.2022 Ishan

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Digitally signed by ISHAN JAISWAL Date: 2022.09.01 09:44:36 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Avadhesh Verma v. State of U.P.

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Avadhesh Verma v. State of U.P.

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