JIYA LAL VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/3351/2024 · 2025-08-20
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 165270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165270 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48886 Court No. - 11 Case :- CRIMINAL APPEAL No. - 3351 of 2024 Appellant :- Jiya Lal Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Satyendra Nath Mishra,Ravindra Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J.
1. Case called out. No one appeared on behalf of the respondent No. 2. Learned A.G.A. is present for the State. 2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 20.07.2024, passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No.1470 of 2024, arising out of F.I.R./Case Crime No.0168 of 2021, under Section 302 I.P.C. and Section 3 (2) (5) of SC/ST Act, P.S.- Sangrampur, District - Amethi. 4. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. 5. He has further stated that appellant is in jail for the last four years. The witnesses of fact have already been examined and only formal witnesses are to be examined. Learned counsel for the appellant thus submitted that the appellant is entitled for bail on this ground alone. Learned counsel for the appellant has placed reliance upon the judgment of Hon'ble Apex Court in the case of Paras Ram Vishnoi Vs. The Director, Central Bureau of Investigation, Criminal Appeal No.693 of 2021 arising out of SLP (Crl.) No.3610 of 2020 and Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 695. In these circumstances of the case, the appellant who has no criminal history is entitled to be released on bail. 6. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 7. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents. 8.
Upon due consideration of above facts and circumstances and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 9. Order dated 20.07.2024, passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No.1470 of 2024, arising out of F.I.R./Case
Crime No.0168 of 2021, under Section 302 I.P.C. and Section 3 (2) (5) of SC/ST Act, Police Station - Sangrampur, District - Amethi is hereby set aside. 10. Let the appellant - Jiya Lal Verma be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (v) The appellant 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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12.
As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 20.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench