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2025 DAILYLAW 153416 (ALL)

RAJ VERMA @ ALVERD RAJ VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO

BAIL/6895/2025 · 2025-08-27

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6895 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 8.10.2024 at about 08.30 pm, while the informant was returning home from the egg shop, near the shop of Sujeet Soni the named accused persons armed with deadly weapons opened firing on the father of the informant, due to that he got seriously injured and was taken to District Hospital. The informant, Vikas Agrahari and Kallu Agrahari have witnessed the incident and the three assailants along with his accomplices rushing away from the spot after committing the crime. Learned counsel for the applicant submits that the applicant is innocent. The informant has made general allegations of firing on the applicant Raj Verma, Pradeep Verma and Saurabh Verma, whereas the statements of the independent witnesses/eye-witnesses are at variance. It is submitted that as per the post-mortem report, there is one entry wound. It is not clear as to who has been assigned the role of causing the firearm injury. The cause of death is shock and haemorrhage as a result of ante-mortem firearm injury. It is next submitted that the co-accused Saurabh Verma @ Kuldeep Verma has already been granted bail by a coordinate bench of this Court vide order dated 9.7.2025 passed in Criminal Misc. Bail Application No. 2870 of 2025. Hence, the present applicant claims parity. It is further submitted that the applicant has explained the criminal history of one case in para No. 28 of the Versus Counsel for Applicant(s) : Avnish Kumar Singh Counsel for Opposite Party(s) : G.A., Priyam Mishra, Supriya Tiwari Raj Verma @ Alverd Raj Verma .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Lko .....Opposite Party(s) bail application. He is languishing in jail since 11.10.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and submitted that the co-accused Saurabh Verma has been granted bail by the Court considering the fact that he was a student. On due consideration to the submissions advanced, perusal of the record, the post-mortem report, the bail order of the co-accused Saurabh Verma @ Kuldeep Verma so also the fact that the statement of the prosecution witnesses as well as the FIR shows that general allegation of firing has been levelled on all the accused persons named in the FIR; it is not clear as to who has caused the firearm injury to the deceased coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 11.10.2024; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Raj Verma @ Alverd Raj Verma involved in Case Crime No. 297 of 2024, under Sections 3(5), 61(2), 191(2), 103(1) of B.N.S. & Sections 5, 9, 25, 27 of the Arms Act, Police Station- Dostpur, District- Sultanpur, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. BAIL No. 6895 of 2025 2 (iv) 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. (v) 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 in accordance with law. (vi) 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. 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 209 of B.N.S. August 27, 2025 Shravan BAIL No. 6895 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench