Allowed

Raja Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC1 Jul 2024/1428/2024

Case brief

AI extract

What is this about?

The court allowed an application for anticipatory bail under Section 438 CrPC. The grant was based on the complainant turning hostile and the applicant never being apprehended despite a filed charge-sheet, without expressing opinion on the merits.

What did the court decide?

Anticipatory bail allowed upon furnishing personal bond with two sureties, subject to standard conditions regarding tampering, intimidation, and appearance.

Raja Verma Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44519

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Court No. - 8

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1428 of 2024

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Applicant :- Raja Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Neelam Verma,Sanjive Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.166/2022, under Sections 307, 323, 324, 504, 506 IPC relating to police station Sushant Golf City, District Lucknow.

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The submission of the learned counsel for the applicant is that the applicant was named in the FIR. It is also submitted that it is alleged that the applicant alongwith the other co-accused had assaulted the complainant and in the said scuffle, the complainant received severe injuries.

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It is further urged that the charge-sheet was filed and till the commencement of trial, the custody of the applicant was not found wanting and as such he was never apprehended.

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It has also been pointed out that the statement of the complainant was recorded by the trial Court, a copy of which has been brought on record as Annexure No.4 and it has been stated that the complainant himself has turned hostile. In his statement, he clearly stated that the applicant was not involved in the said incident and he had not read the complaint given to the police concerned. In such circumstances where the complainant has not supported the case of the prosecution and himself has turned hostile, in such circumstances, the applicant, who uptill was never apprehended, is entitled for grant of anticipatory bail.

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Learned AGA has opposed the aforesaid anticipatory bail application, however, could not dispute the fact that the presence of the applicant was not required during the course of investigation and even though the charge-sheet was filed, he was never apprehended.

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Learned AGA also could not dispute the fact that the complainant himself has turned hostile and in his statement, he was not supported the version of the prosecution regarding the involvement of the applicant in the said incident.

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Considering the aforesaid facts and circumstances, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Raja Verma involved in the aforesaid FIR/Case Crime Number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions:-

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(a) that 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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(b) that the applicant shall not leave India without previous permission of the court;

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(d) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(e) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 1.7.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Raja Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Raja Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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