Vijay Kant Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:5703

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5651 of 2024

Applicant :- Vijay Kant Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vinay Kumar,Ashok Kumar Singh Tomar,Mahendra Singh

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Counsel for Opposite Party :- G.A.,Mohd. Saud Khan

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Shri Mohd. Saud Khan, learned counsel for the complainant/informant as well as learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant- Vijay Kant Verma with a prayer to release the applicant on bail during the trial in Case Crime No. 385 of 2023, under Sections 307, 504 and 506 I.P.C., Police Station Banthra, District Lucknow.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the instant case. He further submits that applicant and the alleged injured are real brothers and the incident has taken place within spur of moment due to sudden provocation. He next submits that there is no strong motive assigned and the alleged injured are discharged from hospital within 04 days. He also added that in fact the alleged injured himself fell down and has received injuries and thereafter a story was cooked up and the applicant has been falsely implicated. He further submits that applicant is not having any criminal history and the trial will take considerable period of time and it is not a case that the applicant has ever absconded from the trial proceedings and from the investigation proceedings. He also submits that applicant is languishing in jail since 18.12.2023 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings.

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Per contra, Shri Mohd. Saud Khan, learned counsel for the complainant/informant has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and the injured has received as many as three lacerated wounds and as such, he is not entitled to any relief.

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Learned AGA appearing for the State has also supported the version of counsel for the complainant.

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Having heard the learned counsel for the parties and after perusal of record, it transpires that applicant is named in the F.I.R. but the incident primafacie seems to be in a sudden provocation; However, the applicant has no previous criminal history and he is languishing in jail in this case since 18.12.2023; this Court has also noticed the fact that the applicant has cooperated in the investigation proceedings and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Vijay Kant Verma involved in the aforementioned 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) 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 court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under

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Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 27.1.2025 Praveen

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

Vijay Kant Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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