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2025 DAILYLAW 168751 (ALL)

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

BAIL/9757/2025 · 2025-10-10

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9757 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 339 of 2025, under Sections- 3/5, 109(1) B.N.S., Police Station-Kotwali Dehat, District-Hardoi. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is further stated that as per the FIR in issue i.e. FIR/Case Crime No. 0339/2025 lodged at Police Station- Kotwali Dehat, District- Hardoi, seven persons including the applicant caused firearm injury to Shamin s/o Rajjaq, who sustained only one gunshot injury, as such, general role has been assigned to all the accused and it is also not clear from the FIR that who caused the firearm injury. 5. It is further stated that co-accused namely Prabhat Mishra and Sharad Singh have already been enlarged on bail by this Court vide orders dated 19.085.2025 and 26.09.2025 passed in Criminal Misc. Bail Application Nos. 7706 of 2025 and 9441 of 2025. 6. It is further stated that injured witness has assigned general role to all the accused, however, the alleged eye-witnesses namely Naushad s/o Yaseen and Saddam s/o Alisher have assigned role of causing firearm injury to co-accused Munnu. 7. It is submitted that considering aforesaid, the applicant, who is in jail since 03.09.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 8. Learned A.G.A. opposed the prayer of the applicant. However, she Versus Counsel for Applicant(s) : Rajat Pratap Singh, Ayush Srivastava Counsel for Opposite Party(s) : G.A. Nihal Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) could not dispute the above contentions made by the applicant's counsel including that co-accused have been released on bail. 9. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused have already been released on bail by the court concerned as well as the role attributed to the applicant and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Nihal Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant 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 applicant 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. October 10, 2025 Arun/- BAIL No. 9757 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench