Allowed

Shyamji Verma v. State of U.P.

Allahabad HC16 Nov 2022BAIL/33651/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a case involving charges of forgery and cheating. The court relied on the fact that a co-accused with identical circumstances had already been granted bail and ordered the applicant's release subject to standard conditions. The hearer of arguments was Surendra Singh.

What did the court decide?

The applicant is ordered to be released on bail upon executing a personal bond and furnishing two sureties, subject to conditions regarding tampering and appearing in court.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33651 of 2022

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Applicant :- Shyamji Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ulajhan Singh Bind,Lal Mani Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Lal Mani Singh, learned counsel for the applicant and Sri Luxman Prasad, learned AGA for the State.

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This is an application for bail on behalf of the applicant Shyamji Verma in connection with Case Crime No. 118 of 2022, under Sections 419, 420, 467, 468, 471, IPC Police Station Dumariyaganj, District Siddharth Nagar.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. As per FIR, on the information of the informant that one computer institute is involved in distribution of forged degrees to the students, Shri Ram Surat Apex Institute and Technology, Society, Nebua was raided and number of incriminating material were recovered. It is submitted that he has no criminal history to his credit. He has only been assigning role to distribution of the certificates and not of preparation of the same. It is further submitted that the co-accused, Ramesh Yadav has been granted bail vide order dated 17.08.2022 passed in Criminal Misc. Bail Application No.33328 of 2022. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 22.06.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular the fact that identically circumstanced Ramesh Yadav has been granted bail, but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant Shyamji Verma involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the court concerned.

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Order Date :- 16.11.2022 Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.11.16 17:18:51 IST Reason: Location: High Court of Judicature at Allahabad

Shyamji Verma v. State of U.P.

Case brief

What is this about?

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Shyamji Verma v. State of U.P.

Case brief

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