High Court allowed bail to Basant Kumar Verma charged with 498A, 304B IPC and Dowry Prohibition Act offences for dowry-related cruelty leading to death. Court found trial delayed and witnesses unfavorable to prosecution.
Released on personal bond and two heavy sureties subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25170 of 2020
Applicant :- Basant Kumar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Rajnath Ydav,Seema Singh,Shashi Prakash Misra Counsel for Opposite Party :- G.A.,Aradhana Singh
Hon'ble Krishan Pahal,J.
reliance on the statements of PW-2, PW-3 and PW-4, wherein they have also not supported the prosecution story. PW-3 and PW-4 have been cross-examined by the public prosecutor after declaring them hostile, although PW-2 has not been declared hostile by the public prosecutor. At this stage, there is no likelihood of conviction of the applicant in the present case and the trial is moving at a snail's pace. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 26.09.2019 and his Fundamental Rights provided under Article 21 of the Constitution of India have been curtailed. In case, the applicant is released on bail, he will not misuse the liberty of bail.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 1.2.2023 Ravi Kant
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant merits bail in the present circumstances.
Basant Kumar Verma
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
