Allowed

Jitendra Kumar Verma v. State of Uttar Pradesh through Secretary ,Home Govt. of U.P.

Allahabad HC22 Sept 2022BAIL/32912/2022

Case brief

AI extract

What is this about?

The court allowed bail for the applicant in a criminal case involving extortion and criminal intimidation. Considering the applicant's age, health, and lack of physical violence in the allegations, the judge was satisfied that bail is appropriate subject to standard conditions.

What did the court decide?

The applicant be released on bail on furnishing a personal bond and two sureties, subject to conditions of not tampering with evidence and cooperating in trial.

Jitendra Kumar Verma Vs State of Uttar Pradesh through… — Money Laundering | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32912 of 2022

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Applicant :- Jitendra Kumar Verma Opposite Party :- State Of Uttar Pradesh Through Secretary ,Home Govt. Of U.P. Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Adya Prasad Tewari,Bharat Singh,Ravi Shankar Tripathi

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Hon'ble Deepak Verma,J.

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Heard Sri Nitesh Kumar Srivastava, learned counsel for the applicant, Sri Ravi Shankar Tripathi, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 347 of 2022, registered under Sections 386, 506 I.P.C., Police Station Civil Lines, District Budaun during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. From the statement of witnesses, no offence under Section 386 I.P.C. is made out against the applicant. He has not made any demand as alleged in the FIR from the informant, who is an Advocate. The applicant is an old person aged about 62 years and suffering from old age ailments. The applicant is human rights activist and working for promotion of human rights. Allegation against the applicant is that he has extorted Rs.50,000/- from the informant and for non-payment he would implicate in false cases and for the same allegation, two F.I.Rs have been lodged against the applicant. Applicant has not put any person in fear of death or grievous hurt. The applicant has four cases of criminal history, which are explained in para 18 of the affidavit. The applicant is languishing in jail since 15.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicant and submitted that the applicant is habitual for demanding money and for non payment, threatened for severe consequences, hence, the applicant is not entitled for bail as he is dangerous for the society.

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Jitendra Kumar Verma, who is involved in the aforesaid case crime, be released on bail on his 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 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.22 17:48:46 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra Kumar Verma v. State of Uttar Pradesh through Secretary ,Home Govt. of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Verma v. State of Uttar Pradesh through Secretary ,Home Govt. of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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