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2025 DAILYLAW 188080 (ALL)

MUNNUMAL VERMA v. STATE OF U.P.

NABAIL/10347/2024 · 2025-01-23

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Judgment text

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Neutral Citation No. - 2025:AHC:12451 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10347 of 2024 Applicant :- Munnumal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 563 of 2023, under sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali City, District- Bijnor, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred in the year 2014. The first information report was lodged on 13.06.2023. The delay in lodging the F.I.R. is fatal to the prosecution case. From the material collected during the course of investigation, there is no credible evidence to establish that any money was paid to the applicant. During the course of investigation, the co-accused, Kamal Verma was granted interim protection till submission of police report under Section 173(2) Cr.P.C. vide order dated 03.07.2023 passed in Criminal Misc. Writ Petition No. 10147 of 2023 (Kamal Verma and Another vs. State of U.P. and 3 others). Further, identically placed another co-accused, Shiv Om has been granted anticipatory bail by this Court vide order dated 26.09.2024 passed in Criminal Misc. Anticipatory Bail Application No. 10103 of 2023 (Shiv Om vs. State of U.P.). The applicant claims parity. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the F.I.R. was lodged belatedly. At this stage, there is no substantive evidence against the applicant. Identically placed another co-accused, Shiv Om has been granted anticipatory bail by this Court. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Munnumal Verma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 24.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad