Allowed

Ashish Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC7 Aug 2024/7696/2024

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal trial under various IPC sections. Relying on the principle of parity with a released co-accused and citing Supreme Court precedents, the court allowed the bail application subject to furnishing a personal bond and two sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount.

Ashish Kumar Verma Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:54412

¶2

Court No. - 31

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7696 of 2024

¶4

Applicant :- Ashish Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Bhoopal Singh,Himanshu Mohan,Pawan Kumar,Udai Pratap Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

Heard Mr. Bhoopal Singh, learned counsel for the applicant and Sri Gyanendra Singh, learned A.G.A. for the State through Video Conferencing from Allahabad and perused the record.

¶7

Applicant seeks bail in Case Crime No. 1030 of 2020, under Sections 409, 420, 467, 468, 471, 120B of I.P.C., Police Station Gomti Nagar, District Lucknow, during the pendency of trial.

¶8

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Mohd. Shakeel has already been enlarged on bail by the same Bench of this Court vide order dated 18.04.2022 passed in Criminal Misc. Bail Application No. 3714 of 2022. He further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 21.03.2023. The criminal history of 11 cases of similar nature have been foisted against the applicant being the employee of the company of which, he has been enlarged on bail in five of those cases. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶9

Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶10

5 . In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

¶11

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

¶12

Let the applicant- Ashish Kumar 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.

¶13

(i) The applicant shall not tamper with evidence.

¶14

(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.

¶15

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

¶16

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.

¶17

Order Date :- 7.8.2024 Sumit S

¶18

(Justice Krishan Pahal)

¶19

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sarvesh Kumar Sharma and Another vs State of Up and Another

Smt Reena vs State of Up and Another

Rajbahadur vs State of U.P. and Another

Neeraj Agarawal Vs Union of India Thru. Sontosh Tiwari Senior Intelligence Officer Directorate Revenue Lko

Amar Pal Maurya Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Aquib Nasim Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko