Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187212 (ALL)

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

/12025/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12025 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is second bail application of the accused-applicant seeking bail in FIR/Case Crime No.353 of 2014 under sections 302, 506/34 IPC, P.S. Kandhai, District Pratapgarh. The first bail application of the applicant was rejected on 31.10.2019 for want of prosecution. 3. While arguing the second bail application, the counsel for the applicant argues that in terms of the FIR, allegations were levelled that the applicant had caused the gunshot injury, which resulted in the death of the brother of the informant. Subsequently, in the statement of the witnesses, allegations were levelled against two persons namely the applicant as well as the co- accused Kamlesh Kumar Verma. 4. It is argued that the said co-accused Kamlesh Kumar Verma was enlarged on bail vide order dated 14.05.2015 and the applicant continues to languish in custody since 27.01.2016. 5. Considering the fact that the co-accused with same allegations has been enlarged on bail and the applicant has suffered pretrial detention of nine years and eleven months, which itself is prima-facie, violative of Article 21, the applicant is entitled for the bail on the ground of inordinate pretrial detention. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A. Heeralal Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. It is further argued that the applicant could not file the bail as he is a poor person and has nobody to look after. 7. Considering the said fact, the applicant Heeralal Verma be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.5,000/- (Five Thousand) 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. December 4, 2025 VNP/- BAIL No. 12025 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench