Vishal Verma vs State of U.P.

Neutral Citation No. - 2025:AHC:77274

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12563 of 2025

Applicant :- Vishal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Namit Srivastava,Parul Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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The instant application has been filed under Section 483 of the BNSS, 2023 for seeking regular bail in Case Crime No. 0642 of 2024 under Sections 303(2), 123, 305, 317(2) BNS, 2023, Police Station - Nawab Ganj, District – Bareilly during pendency of the trial.

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Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. It is submitted that alleged recovery of Rs. 1000/-, one ear ring (yellow metal) and one country made pistol have been shown from the possession of the applicant. It is submitted that the said recovery has been made without following the procedure prescribed under the law. There is no independent witness of the said recovery. Charge sheet has been filed on 20.1.2025 and cognizance has been by the concerned court on 20.2.2025. The applicant is languishing in jail since 01.01.2025.

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Learned counsel appearing on behalf of the applicant submitted that is a man of clean antecedents and has no previous criminal history. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail.

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Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application

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but has not contradicted the aforesaid facts and submissions as argued by the learned counsel for the applicant during argument.

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

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I have gone through the contents made in the application as well as the documents appended with the application. It is admitted fact that the applicant is languishing in jail since 01.01.2025, charge sheet has been filed, cognizance has been taken, no previous criminal history against the applicant, further there is no chance of early conclusion of the trial and the applicant is a permanent resident of the address mentioned in the memo of application.

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Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

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Let the applicant - Vishal Verma, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)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 the evidence. (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./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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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Order Date :- 12.5.2025 S.K.S.

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Vishal Verma v. State of U.P.

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Vishal Verma v. State of U.P.

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