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2025 DAILYLAW 145338 (ALL)

AMAN KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5272/2025 · 2025-06-19

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35904 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5272 of 2025 Applicant :- Aman Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rudra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Uma Kant Verma, Advocate on behalf of the complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State of U.P. and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 94 of 2025, under Sections 103(1), 109(1), 61(2)(A), 3(5) of B.N.S., Police Station- Neemgaon, District- Lakhimpur Kheri. 4. Learned counsel for the applicant submits that the applicant is an innocent person and being relative of Jagat Narayan who is a named accused, he has been falsely implicated in the present case. It is further submitted that as per the prosecution case, the victim was harassing by moving several complaint to the authorities. It is also alleged therein that the co-accused persons- Jagat Narayan and Santosh made strategy for eliminating husband of the informant of the present case, regarding which, they purchased a truck in the name of the applicant and the said truck was used for killing her husband and showing that killing as an accident. Thereafter, the F.I.R. of the case in question was lodged. It is next submitted that during the course of investigation, it was found in the confessional statement of co-accused- Jagat Narayan that the truck would be handed over to the applicant after the elimination of the deceased. It is lastly submitted that there is no evidence regarding involvement of the applicant and the charge-sheet has been submitted, the investigation is going on and as the applicant, who does not have any criminal antecedents, is in jail since 04.04.2025 is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer for grant of bail to the applicant. However, they concede that in the confessional statements of co-accused- Jagat Narayan and Santosh, active participation of the applicant is found. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it is undisputed that the involvement of the applicant is found on the basis of confessional statements of co-accused persons. Therefore, this Court is of the view that the applicant is entitled to be released on bail. 7. The bail application is allowed. 8. Let the applicant- Aman Kumar Verma who is involved in aforementioned case 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. may be issued and if 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 209 B.N.S. (vi) 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 351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench