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2025 DAILYLAW 174875 (ALL)

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

BAIL/7395/2024 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7395 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Akash Deep Singh, learned counsel for the applicant as well as learned A.G.A. and Sri Prashant Shukla, learned Counsel for the complainant. 2. The applicant seeks enlargement on bail in FIR No.120 of 2023, under Section 302, 34 of IPC and Section 3/25 of Arms Act, Police Station Leelapur, District Pratapgarh. 3. In terms of the FIR, it was alleged that on account of old enmity, all the accused along with some unknown persons came and opened fire on the son of the informant and the son sustained four firearm injuries and succumbed to death. In the postmortem four ante mortem injury was noted and the cause of death was due to firearm injury. 4. The Counsel for the applicant draws my attention to the statement of the independent witness, who has not supported the prosecution case during trial. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the report of the trial court, which indicates that three facts witnesses have been examined and the cross examination of fourth fact witness is going on; the applicant is in custody since 07.06.2023 and has Versus Counsel for Applicant(s) : Adarsh Shukla, Aditya Narayan Yadav, Arun Sinha, Mohd. Salman, Raj Kumar Singh, Siddhartha Sinha Counsel for Opposite Party(s) : G.A., Ashutosh Singh, Navneet Singh, Prashant Shukla, Saurabh Pathak Samarjeet Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) no criminal antecedents; the applicant has suffered substantial pretrial detention of more than two and a half years and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Samarjeet Verma be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 29, 2025 akverma BAIL No. 7395 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench