Allowed

Sarvjeet Verma v. State of U.P.

Allahabad HC17 May 2022BAIL/12832/2022

Case brief

AI extract

What is this about?

In a criminal bail application regarding cheating and forgery, the Allahabad High Court allowed the applicant's bail. The court accepted counsel's submissions that evidence was planted and no independent witness existed, finding merit in the plea without adjudicating on the merits of the underlying charge.

What did the court decide?

Applicant released on bail with personal bond and two sureties on standard conditions.

Sarvjeet Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12832 of 2022

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Applicant :- Sarvjeet Verma Opposite Party :- State of U.P. Counsel for Applicant :- Bairister Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.1179 of 2021 at Police Station-Dhoomanganj District-Prayagraj under Sections 419, 420, 467, 468, 471 IPC. The applicant is in jail since 23.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Allahabad on 19.02.2022.

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Shri Bairister Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case The applicant did not impersonate as a candidate in the examination nor did he facilitate use of unfair means. Mark-sheet, cheque, admit card, aadhar card, pan card, A.T.M card were planted on the applicant to frame him in the instant case to show proficiency of police investigators. Rs.510/- was also shown as recovered from the applicant. The money belongs to him. Recovered items cannot be linked with the offence. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the

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applicant and contends that prior to the instant case, the applicant does not have any criminal history. However after his nomination in the instant case, the applicant has become a soft target and convenient scapegoat for the police authorities. The police authorities framed him in one false case in quick succession subsequent to the instant case to burnish their professional credentials. The criminal case does not depict commission of any heinous crime by the applicant and has no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Sarvjeet Verma be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following

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conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.5.2022

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Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.05.18 10:31:41 IST Reason: Location: High Court of Judicature at Allahabad

Sarvjeet Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sarvjeet 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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