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2025 DAILYLAW 2268 (ALL)

ANAND KUMAR VERMA v. STATE OF U.P.

BAIL/28432/2025 · 2026-04-22

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28432 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Harsh Tiwari & Shri Vishal Kumar Singh, learned counsel for the applicant, Ms. Anita Singh, learned Brief Holder for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Anand Kumar Verma, seeking enlargement on bail in Case Crime No. 0303 of 2023, under Sections 406, 420, 467, 468, 504, 506 IPC, Police Station Pipiganj, District Gorakhpur, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 6.7.2025. Learned counsel for the applicant submits that as per prosecution case, allegation against the applicant is that for securing job in a government department, applicant had taken money in his bank account. Much emphasis has been drawn by learned counsel for the applicant to the Para 13 of decision of the Apex Court rendered in case of Deepak Kumar Shrivas and another versus State of Chattisgarh and others, reported in 2024 INSC 117, which is as under:- "13. A reading of the entire material on record clearly reflects that it was totally an unlawful contract between the parties where money was being paid for securing a job in the government department(s) or private sector. Apparently, a suit for recovery could not have been filed for the said Versus Counsel for Applicant(s) : Harsh Tiwari, Vishal Kumar Singh Counsel for Opposite Party(s) : G.A. Anand Kumar Verma .....Applicant(s) State of U.P. .....Opposite Party(s) purpose and even if it could be filed, it could be difficult to establish the same where the payment was entirely in cash. Therefore, the respondent no.6 found out a better medium to recover the said amount by building pressure on the appellant and his brother by lodging the FIR. Under the threat of criminal prosecution, may be the appellant would have tried to sort out and settle the dispute by shelving out some money." Charge sheet in this case has already been filed on 12.9.2025. Further custodial interrogation of the applicant is no more required. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Anand Kumar Verma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. BAIL No. 28432 of 2025 2 In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. April 23, 2026 Ravi Prakash BAIL No. 28432 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad