Allowed

Umashankar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC22 Sept 2025NABAIL/631/2025

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 482 BNSS arising from a case registered under Sections 75(2), 78(2) and 351(3) BNS. No counter affidavit was filed and investigation concluded with charge sheet. The court confirmed the interim protection earlier granted.

What did the court decide?

Interim order dated 04.06.2025 made absolute; applicant to be released on anticipatory bail with conditions including cooperation in trial, attendance on all dates, and no departure from India without

Umashankar Verma Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 631 of 2025

Umashankar Verma

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Ajeet Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Sri Ajeet Kumar, the learned counsel for the applicant, Sri Virendra Kumar, learned A.G.A. appearing on behalf of the State and perused the records.

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The applicant was granted interim anticipatory bail by means of the following order passed on 04.06.2025 by a Coordinate Bench of this Court:

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"The present bail application has been filed seeking anticipatory bail in case crime No.0177/2025, under Sections 75(2), 78(2), 351(3) of BNS, P.S. Kotwali Nanpara, District Bahraich.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Learned counsel for the applicant submits that as per the admitted case of the prosecution, the victim as well as her mother are residing in the house of the applicant at District Barabanki whereas the applicant is serving as Assistant Teacher in District Bahraich. It is also admitted in the statement of the victim under Sections 180 and 183 BNSS that applicant has helped the victim financially and has lent Rs.3,00,000/- for admission in medical college. Out of which victim has refunded Rs.90,000/- and Rs.34,000/- to the applicant still Rs.1,76,000/- is outstanding which has to be paid to the applicant by the victim. He has been falsely implicated in this case. The offences are punishable upto seven years. Charge sheet has been filed in this case.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

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Issue notice to respondent No. 2.

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NABAIL No. 631 of 2025

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Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.

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List on 25.07.2025.

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On due consideration to the argument advanced as well as perusal of the record and the fact that offences are punishable upto seven years, undertaking given on behalf of the applicant and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant.

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As an interim protection, it is provided that applicant- Umashankar Verma shall appear before the trial court within two weeks from today and shall be released on interim anticipatory bail by the court on furnishing adequate bonds and security with the following conditions:-

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(1) The applicant shall cooperate in the trial and he will not influence the witnesses.

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(2) The accused-applicant will remain present on each and every date fixed by the trial court.

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(3) The applicant shall not leave India without previous permission of the Court. "

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Office has reported that the notice issued to the opposite party no.2 stands served personally but neither the State nor the opposite party no.2 has filed any counter affidavit. However, learned AGA has informed that the investigation stands concluded and charge sheet has been filed on 24.05.2025.

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In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 04.06.2025 granting interim anticipatory bail to the applicant.

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In view of above, the interim order dated 04.06.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order.

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(Subhash Vidyarthi,J.)

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September 22, 2025/V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Umashankar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Umashankar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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