SUMIT VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. OF U.P. LKO.
BAIL/7233/2025 · 2025-11-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195078 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195078 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7233 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Present application has been filed by the applicant seeking bail in Case Crime No.577 of 2025, under Sections 309(6), 352, 351(3), 61(2, 317(2) BNS, Police Station Kotwali Nagar, District Barabanki. In the prosecution case, it is alleged that three unknown persons committed the offence. It is stated that the applicant had boarded a four-wheeler vehicle for travelling from Lucknow to Gonda, and during the journey, the said three persons, who were also travelling in the same vehicle, robbed him on the way in District Barabanki. Learned counsel for the applicant submits that co-accused Abhishek Thakur have been granted bail by this Court vide order dated 11.11.2025 passed in Criminal Misc. Bail Application No. 10931 of 2025. He claims parity with the said co-accused on the basis of the aforesaid bail order. It is further submitted that on the basis of the same recovery, two separate cases have been registered against the applicant. A specific pleading to this effect has been made in paragraph 19 of the bail application. Except the recovery of Rs.2650/- from the pocket of the applicant and a country made pistol, no other incriminating article has been recovered from him. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Santosh Kumar Tirpathi, Surekha Patel Counsel for Opposite Party(s) : G.A. Sumit Verma .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s)
away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute that it is a case of parity. I have considered the arguments advanced by learned counsel for the parties as well as perused the record.
On due consideration to the facts that the applicant is in jail since 10.06.2025, the co-accused has already been granted bail by a coordinate Bench of this Court, and having regard to the role assigned to the applicant, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Sumit Verma be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under BAIL No. 7233 of 2025 2
Section 229-A of the IPC (now Section 269 BNS).
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 14, 2025 R.C.
BAIL No. 7233 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench