Arvind Verma Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

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Neutral Citation No. - 2025:AHC-LKO:7500

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2402 of 2024

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Applicant :- Arvind Verma Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko.

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Counsel for Applicant :- Upendra Prakash Pathak,Farooq Ayoob Counsel for Opposite Party :- G.A.,Mansi Gupta

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant, Ms. Mansi Gupta, learned counsel for the complainant as also Sri Ravi Srivastava, learned A.G.A. for the State and perused record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.237 of 2023 under Section 498-A, 306 IPC and Section 3/4 of Dowry Prohibition Act, PS Safdarganj, district Barabanki.

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It has been submitted by learned counsel for the applicant that complainant, who is brother of the deceased, has been declared hostile by the court and in cross examination, he has deposed before the court that after getting information of death he reached to the village of his sister and he got information from the villagers that she had gone to the field before one day, where she was hit by a bull (saand) and thereafter she died. He has further deposed that she received injury because of the said fact and she was not beaten by the applicant or family members. It has been submitted by learned counsel for the applicant that mother-in-law Smt. Chotki alias Dashratha and father-in-law Narendra alias Arun Kumar Verma have been granted bail by this court vide orders dated 9.10.2023 and 8.12.2023 passed in Criminal Misc. Bail Application Nos. 11991 of 2023 and 12742 of 2023 respectively. It has been further submitted that only general allegations of dowry demand were averred against all the accused persons. He has further submitted that after looking into the statement of P.W.1/complainant recorded before the court, at the moment prima facie it cannot be presumed that the applicant was involved in commission of crime. He has no criminal history and he is in jail since 20.6.2023.

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Learned counsel for the complainant Ms. Mansi Gupta, Advocate, has appeared and she has also supported the case of

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the applicant and she has stated that P.W.1/complainant, who is brother of the deceased, is declared hostile by the court.

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Learned A.G.A. Sri Ravi Srivastava has opposed the bail, but could not dispute the fact that P.W.1, brother of the deceased, is declared hostile.

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Considering the overall the arguments that P.W.1, complainant, who is brother of the deceased, is declared hostile; other co-accused i.e. mother-in-law and father-in-law, have been granted bail on the same allegations, it is a fit case of bail. Bail application is accordingly Allowed .

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Let the applicant, Arvind Verma be released on bail in the above case crime number on his furnishing a personal bond and two sureties, each in the like amount, to the satisfaction of Court concerned, with the following conditions :-

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(i) 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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(ii) 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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(iii) 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, 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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(iv) 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. 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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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at

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its independent conclusions on the basis of evidence led unaffected by anything in this order.

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( Brij Raj Singh, J. )

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Order Date :- 5.2.2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Arvind Verma v. the State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

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Arvind Verma v. the State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

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