Allowed

Ram Newas Alias Nanhu Verma S/O Chedi v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC11 Mar 2024/7594/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant charged under sections 376(2)(n), 323, 506, and 366 IPC. The applicant was released on personal bond and two sureties subject to conditions including appearance before the trial court.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions.

Ram Newas Alias Nanhu Verma S/O Chedi Vs State of… — Cheating and Forgery | Allahabad HC (2024)

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Through Video Conferencing

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Neutral Citation No. - 2024:AHC-LKO:21435

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Court No. - 33

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7594 of 2022

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Applicant :- Ram Newas Alias Nanhu Verma S/O Chedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Rajeev Kumar Mishra Rudra,Kamlesh Kumar Gupta,Mahesh Chandra Shukla,Praveen Kumar Srivastav Counsel for Opposite Party :- G.A.,Bajhul Quamar Siddiqui,Shri Prakash Verma

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Mahesh Chandra Shukla, learned counsel for the applicant, Sri Shri Prakash Verma, learned counsel for the informant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.360 of 2021, under Sections 376(2)(n), 323, 506, 366 I.P.C., Police Station Mankapur, District Gonda, during the pendency of trial.

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As per prosecution story, the applicant is stated to have come in contact with the informant about two years before institution of the F.I.R. and both the parties are stated to have entered into corporeal relationship on the false promise of marriage by the applicant. The applicant is even stated to have induced the informant to abort her fetus, but subsequently somehow, she gave birth to a baby girl. The applicant is later on stated to have refused to take care of the informant.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel has stated that both the parties are married person. The applicant has three siblings to take care of and the victim had two children with previous marriage and she has taken ex-party divorce from her previous husband, which is still contested. He has further stated that the said allegation is per se false. Several other submissions have been made on behalf of the

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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. The applicant is languishing in jail since 04.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ram Newas Alias Nanhu Verma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting 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 :- 11.3.2024 Manoj

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(Krishan Pahal, J.)

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

Ram Newas Alias Nanhu Verma S/O Chedi v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

Ram Newas Alias Nanhu Verma S/O Chedi v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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