Dinesh Kumar Verma and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

Dinesh Kumar Verma and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Bail granted to applicants Dinesh Kumar Verma and Patesari Devi on furnishing a personal bond and two sureties each, subject to conditions: (i) appear on the date fixed by the trial court; (ii) not tamper with the prosecution evidence; (iii) not pressurize the prosecution witnesses; breach entitles the prosecution to move for cancellation of bail before this Court.

Issue for consideration

Whether the applicants, Dinesh Kumar Verma and Patesari Devi, accused in Case Crime No. 208 of 2022 under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Sakaldiha, District Chandauli, are entitled to be enlarged on bail under Section 439 Cr.P.C. during the pendency of the trial.

Court's answer

The applicants are entitled to be enlarged on bail, having regard to their submissions, their confinement of almost two months, submission of the charge-sheet with no hope of early conclusion of trial, and the absence of any reasonable apprehension brought to the fore by the State that they would tamper with evidence, delay the trial or intimidate witnesses, without commenting on the merits of the case.

Ratio / Principle

The applicants are to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the conditions that they appear on dates fixed by the trial court, do not tamper with prosecution evidence, and do not pressurize prosecution witnesses.

Key takeaways

In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.), CRIMINAL MISC. BAIL APPLICATION No. 30298 of 2023 (Neutral Citation 2023:AHC:156251, Order Date 4.8.2023): Bail application under Section 439 Cr.P.C. allowed. Applicants Dinesh Kumar Verma and Patesari Devi, accused in Case Crime No. 208 of 2022 under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Sakaldiha, District Chandauli, enlarged on bail during pendency of trial. Counsel contended the applicants were not named in the FIR, were falsely implicated, had no role in preparation of the certificate, and claimed parity with co-accused Virendra Kumar Tiwari (identical role), who was granted bail by this Court on 07.06.2023 in Criminal Misc. Bail Application No. 23266 of 2023. The A.G.A. opposed but could not satisfactorily dispute the submissions. The Court, noting confinement since 03.06.2023 (almost two months), submission of the charge-sheet with no hope of early conclusion of trial, and no reasonable State apprehension of evidence-tampering, trial-delay or witness-intimidation, and without commenting on merits, held the applicants entitled to bail: release on personal bond and two sureties each, with conditions to appear on fixed dates, not tamper with prosecution evidence and not pressurize prosecution witnesses; breach exposes the applicants to a bail-cancellation application before this Court.

Neutral Citation No. - 2023:AHC:156251

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30298 of 2023

Applicant :- Dinesh Kumar Verma And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicants as well as learned A.G.A. for the State-opposite party and perused the record.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 208 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Sakaldiha, District Chandauli during the pendency of the trial.

Learned counsel for the applicants contends that the applicants were not named in the first information report and have been falsely implicated in the instant case. The certificate was prepared after due enquiry and investigation. The applicants had not played any role in preparation of the certificate. It is next contended that co-accused Virendra Kumar Tiwari, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 23266 of 2023, Virendra Kumar Tiwari v. State of U.P., vide order dated 07.06.2023. The applicants claim parity. The criminal history of the applicants has been explained in Paragraph-7 of the affidavit. The applicants are in jail since 03.06.2023 and if they are released on bail, they will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made above and the fact that the applicants have remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the

case, I am of the opinion that the applicants are entitled to be enlarged on bail.

Let the applicants- Dinesh Kumar Verma and Patesari Devi, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

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

Order Date :- 4.8.2023 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad