AMAN KUMAR VERMA @ DIKOO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/622/2025 · 2025-01-22
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118266 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118266 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4300 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 622 of 2025 Applicant :- Aman Kumar Verma @ Dikoo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prahlad Singh,Avanish Kumar Yadav,Sooraj Lal Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Sooraj Lal, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State. The present applicant is in jail since 03.12.2024, in case crime no. 562 of 2024, under Sections 64(2), 351(2) and 127 of BNS at Police Station Chinhat District Lucknow.
Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, the sole allegation has been levelled against the present applicant. The exact date of incident has not been indicated in the FIR, however, while recording her statement under Section 180 BNSS, the prosecutrix has apprised that the physical relation was established first time in the month of November 2022, though no exact date has been indicated. As per her statement, she was having relation with the applicant and he has established relation threatening her that he has made one video of her, and if she opposes to establish physical relation, he will circulate the same. There is no material or evidence relating to such video. The prosecutrix is a major girl of 24 years. The present applicant is having no criminal history of any kind whatsoever. The investigation is pending and the applicant undertake that if he is released on bail, he shall cooperate in the investigation and shall not misuse the liberty of bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the
arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is
languishing in jail since 03.12.2024; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Aman Kumar Verma @ Dikoo, be released on bail in the aforesaid case crime number 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:- (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. (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. (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 applicants fail 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. (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.
Order Date :- 22.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench