Allowed

Neelam Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC12 Dec 2024BAIL/12882/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Neelam Verma, who is an accused in a cheating case under IPC Sections 409/420. Granting bail is based on the principle of parity with a co-accused granted bail earlier for a similar role and reliance on Supreme Court law.

What did the court decide?

Accused Neelam Verma released on bail with a personal bond and two sureties subject to conditions against tampering and intimidation.

Neelam Verma Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83277

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12882 of 2024

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Applicant :- Neelam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Kumar Shukla,Prakhar Pratap Singh,Rohit Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that role assigned to the applicant is similar to that of co-accused Nikhil Kushwaha who has been granted bail by this Court vide order dated 17.02.2021 passed in criminal misc. bail application No. 6069/2020.

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It has been further submitted that charge sheet in the matter has been filed. Offences are triable by magistrate. The applicant is languishing in jail since 29.07.2023. The applicant has a criminal history of 37 cases, out of which, in 25 cases, he has been enlarged on bail.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that co-accused Nikhil Kushwaha who was assigned similar role has been enlarged on

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bail; the applicant has explained the criminal antecedents; he is languishing in jail since 29.07.2023 as well as in view of the law laid down by the Supreme Court in the case of Prabhakar Tewari vs. State of Uttar Pradesh [AIRONLINE 2020 SC 96], and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant involved Neelam Verma, in Case Crime/F.I.R. No. 797/2019, under Sections 409/420 IPC, Police Station - Vibhuti Khand, District - Lucknow 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the

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court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 12.12.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Neelam Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Neelam Verma v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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