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2025 DAILYLAW 154214 (ALL)

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

BAIL/7328/2025 · 2025-08-26

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7328 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. It is alleged in the FIR that the informant, a divorcee seeking remarriage, created a profile on Jeevansathi.com in 2024, where the applicant/accused approached her by falsely claiming to be employed in PNB Bank. He met her parents, obtained their consent for marriage, and during this period travelled with her to various places, establishing physical relations. It is further alleged that he took Rs. 5 lakhs in cash, jewellery worth about Rs. 24 lakhs, and other amounts under the pretext of purchasing a car and a house in her name. Subsequently, it came to light that he was not a PNB employee. Thereafter, he proposed a court marriage and executed an agreement dated 03.10.2024. It is further alleged that he administered an intoxicant to the informant in a hotel at Gurugram, recorded her objectionable video, and thereafter blackmailed her. Later, he stopped contacting her and through his sister conveyed that he would neither marry her nor return the money, and threatened to upload the videos on social media if she attempted to contact him. 3. Learned counsel for the applicant submits that the applicant is in custody since 30.01.2025 and has no criminal antecedents. The criminal history of two cases has been explained in paragraph 30 of the bail application. The victim is 44 years old whereas the applicant is 40 years old. The statements Versus Counsel for Applicant(s) : Anil Kumar Awasthi Counsel for Opposite Party(s) : G.A., Vivek Singh Shekhar Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) recorded under Sections 180 and 183 BNS do not inspire confidence. The allegation of making the alleged video remains unsubstantiated as no FSL report has been filed, nor has any recovery of the alleged video been made from the applicant’s mobile. It is further submitted that the relationship between the applicant and the victim was consensual for about one year and the case is of false implication. No offence under Section 69 BNS is made out, and similarly, no offence under Section 308 BNS is attracted in absence of any recovery. During investigation, the offence under Section 64 BNS was also found to be false and was dropped. 4. It is further submitted that 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering that the applicant is in custody since 30.01.2025, the victim’s statements under Sections 180 and 183 BNS, filing of charge sheet, and refusal of the victim to undergo medical examination, this Court finds it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Shekhar Verma involved in Case Crime No. 0023/2025, U/s-69, 316(2), 318(2), 308(2) B.N.S., Police Station-Mahanagar, District- Lucknow, 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. 7328 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 82 Cr.P.C. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. August 26, 2025 R.C. BAIL No. 7328 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench