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2025 DAILYLAW 156144 (ALL)

AJEET VERMA v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/7251/2025 · 2025-09-16

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. - 7251 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 06.03.2025 in FIR/Case Crime No.95 of 2025, under Sections 103 (1), 118 (1), 352, 351(3), 191(2), 191(3) and 3(5) of B.N.S., Police Station- Lalganj, District - Raebareli. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the applicant is not named and even the complainant and the injured in their statements do not name the present applicant. He has further submitted that name of the applicant came to light on the application being moved by the complainant. Further, since charge-sheet has been filed, therefore, there is no possibility that the applicant would tamper the evidence or would threaten the witnesses coupled with the fact that the applicant has no previous criminal history as is mentioned in paragraph no.26 of the affidavit filed in support of the bail application. 4. Learned counsel for the applicant has further submitted that co-accused Sarvesh Pasi, having similar role, has been enlarged on bail by this Court vide order dated 24.06.2025 passed in Criminal Misc. Bail Application No.5596 of 2025, therefore, on the basis of principles of parity, the present Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A., Alok Kumar Srivastava, Jitendra Vikram Ajeet Verma .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) applicant may also be enlarged on bail. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. He further submits that the role assigned to the present applicant is similar to that of Deepak Paswan, co-accused who has been granted bail vide order dated 17.7.2025 passed in Bail No.6500 of 2025. There is no recovery from the applicant. On the contrary, weapon of assault was recovered on the pointing out of the said co-accused. The applicant seeks parity. 5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant as well as the ground of parity. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the applicant is not named in the FIR; name of the applicant came to light on the application being moved by the complainant; co-accused having similar role has been enlarged on bail by this Court; the applicant is having no prior criminal history of any kind whatsoever 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Ajeet Verma, 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, BAIL No. 7251 of 2025 2 without sufficient cause, the trial court may proceed against him under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023. (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 351 of the B.N.S.S., 2023. 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. (v) The applicant shall not leave India without previous permission of the court. September 16, 2025 kkb/ BAIL No. 7251 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench