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2025 DAILYLAW 17550 (ALL)

SHUBHAM VERMA v. STATE OF U.P.

BAIL/6316/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87519 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6316 of 2025 Applicant :- Shubham Verma Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Srivastava,Santosh Yadav Counsel for Opposite Party :- G.A.,Gagan Pratap Singh Hon'ble Sameer Jain,J. 1. Heard Sri Santosh Yadav, learned counsel for the applicant, Sri Nirpendra Pratap Singh, learned Advocate, holding brief of Sri Gagan Pratap Singh, learned counsel for the informant and Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0001 of 2025, under Sections 191 (2), 191(3), 190, 103(1) and 61(2) Ka BNS and Section 7 Criminal Law Amendment Act, Police Station Sikandara, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused along with others including co-accused Prabhakar Chaudhary and after considering entire facts in detail co-accused Prabhakar Chaudhary has been released on bail by this Court and his bail order has been annexed as Annexure-SA-5 to the supplementary affidavit filed in support of the instant bail application and on facts, case of applicant is exactly at par with him. 4. He further submits that however, applicant is having criminal history of two other cases but both the cases relate to minor offence and his criminal history has been explained in the instant bail application. 5. He further submits that in the present matter applicant is in jail since 06.1.2025. 6. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the fact that co-accused Prabhakar Chauhary has been released on bail by this Court and on facts, case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Prabhakar Chaudhary has already been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and in the present matter he is in jail since 06.1.2025, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Shubham Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each n the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad