The High Court granted bail to the applicant in a case involving charges of FIR on police party and related IPC offences, noting a lack of evidence against him and no prior criminal history.
Release on bail with personal bond and two sureties subject to appearance conditions and prohibition on tampering with evidence or pressuring witnesses.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58058 of 2022
Applicant :- Mohan Verma Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 267 of 2020, under Sections 307, 392, 411 I.P.C.,Police Station Panki, District Kanpur Nagar during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. It is a case of firing on police party. In the alleged incident no police personnel has suffered any injury. On the contrary, it is a case of fake encounter wherein the applicant was shot at without any cause by the police authorities. No recovery of any incriminating article, as alleged in the first information report, was made from the applicant. There is no independent witness to the recovery. Prior to the instant case, the applicant does not have any criminal history. However, after his arrest in the instant case, he has been implicated in other cases also. The applicant is in jail since 27.05.2020 and if he is released on bail, he 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 but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Mohan Verma, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
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 :- 23.1.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. considering the allegations of false implication and lack of incriminating recovery.
1 provisions across 1 enactments
Mohan Verma
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
