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2025 DAILYLAW 15673 (ALL)

ALOK VERMA @ AMAN VERMA v. STATE OF U.P.

NABAIL/1031/2025 · 2025-07-31

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129147 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1031 of 2025 Applicant :- Alok Verma @ Aman Verma Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Srivastava Counsel for Opposite Party :- G.A.,Sanjeev Kumar Tripathee Hon'ble Vivek Varma,J. 1. Case called out in the revised list. Counsel for the informant is not present. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 474 of 2024, under Sections 147, 307, 323, 504, 506 of I.P.C., Police Station- Kotwali, District- Deoria. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 27.5.2024. The first information report is lodged on 9.6.2024. The delay is fatal to the prosecution case. As per the first information report, the applicant along with four named accused and six to seven unknown persons are alleged to have assaulted the informant (Abhishek Mal) and Piyush Ranjan Srivastava. No medical report with regard to Piyush Ranjan Srivastava is available in the case diary. As per the medical report of the informant, he received eight injuries. The injury nos. 1, 2, 3, 4, 5 and 8 were kept under observation and referred for x-ray examination. Further, injury nos. 1 and 3 were also advised for C.T. Head. No x-ray report and C.T. Head with regard to the said injuries is available in the case diary. In such circumstances, it is contended that the injuries sustained by the informant were simple in nature. The nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the delay in lodging the first information report is fatal to the prosecution case, as per the medical report, the informant received eight injuries; the injury nos. 1, 2, 3, 4, 5 and 8 were kept under observation and referred for x-ray examination; Injury nos. 1 and 3 were also advised for C.T. Head; no x-ray report as well as C.T. Head is available in the case diary, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Alok Verma @ Aman Verma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the Police Commissioner concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 1.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad