Allowed

Indresh Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC7 Jul 2023/7568/2023

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court granted bail to the applicant. The court noted a significant delay in filing the FIR but emphasized the applicant's custody duration, lack of antecedents, and nature of allegations in deciding to enlarge him on bonds.

What did the court decide?

Applicant enlarged on bail to discharge personal bond with two sureties of the like amount each to the satisfaction of court concerned.

Indresh Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43780

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7568 of 2023

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Applicant :- Indresh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hari Bux Singh,Akhilesh Pratap Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Rahul Kumar, learned counsel for the complainant, learned A.G.A. and perused the record.

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The counsel for the applicant argues that the FIR was lodged after a span of three years without giving any explanation. He draws my attention to the FIR wherein the victim has disclosed her age as 19 years and the incident was said to have occurred prior to three years ago without even disclosing any date of the alleged incident. Although the version stated in the FIR is supported by the statement under Sections 161 and 164 Cr.P.C. There is prima facie no explanation whatsoever in respect of there being a huge and inordinate delay of about three years.

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The counsel for the complainant argues that the photos of the victim were uploaded, however, there appears to be no offence registered against the applicant under Information Technology Act.

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Considering the nature of the allegations levelled in the FIR and there being no explanation whatsoever of the inordinate delay in lodging of the FIR, the applicant is in custody since 10.04.2023 and has no criminal antecedent, the applicant is enlarged on bail. In view thereof, the application is allowed.

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Let the applicant Indresh Verma be released on bail in Case Crime No.152 of 2023, under Sections 376, 504, 506 and 452 IPC, P.S. Kheri, District Kheri, on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 7.7.2023

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Indresh Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Indresh Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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