SURESH KUMAR VERMA @ SURESH VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8441/2025 · 2025-09-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162718 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8441 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.185 of 2025 under Section 105 BNS, Police Station Akhandnagar, District Sultanpur. In the prosecution case, it is alleged that the son of the informant, aged about 11 years, used to live with his maternal grandfather. On 04.07.2025 at about 5:00 p.m., while he went to ease himself, he came in contact with electric current in the field of Suresh Verma, the present applicant, who had allegedly encircled his entire field with a naked live wire carrying electricity. Learned counsel for the applicant submits that due to heavy rain and wind, an electric wire from a nearby electricity pole had fallen on the ground, and on account of earthing, current was flowing there. It is contended that the deceased had accidentally got electrocuted. It is further submitted that no electricity was flowing in the field of the applicant, and the deceased died due to his own negligence. There is neither intention nor knowledge attributable to the applicant so as to implicate him in this case. Learned A.G.A. has opposed the bail prayer and submitted that as per the Versus Counsel for Applicant(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. Suresh Kumar Verma @ Suresh Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
site plan, the applicant’s field was surrounded by a live electric wire in which current was flowing. I have considered the submissions advanced by learned counsel for the parties and perused the record.
On due consideration of the facts that as per the postmortem report, the cause of death is a burn injury measuring 2 × 1 cm on the back side of the neck caused by antemortem electrocution; the applicant has no previous criminal history; there appears to be no motive or intention on the part of the applicant to commit the offence; the charge-sheet has already been filed; and the applicant is in custody since 05.07.2025 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. Accordingly, the bail application is allowed. Let the applicant Suresh Kumar Verma be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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. (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, BAIL No. 8441 of 2025 2
without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). September 9, 2025 Madhu D.R/P.S BAIL No. 8441 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench