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2025 DAILYLAW 36912 (ALL)

SHIVDHANI VERMA v. STATE OF U.P.

BAIL/12152/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101402 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12152 of 2025 Applicant :- Shivdhani Verma Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Kumar Tiwari,Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajnish Kumar Pandey, Advocate holding brief of Sri Yogesh Kumar Tripathi learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 125 of 2024, under Sections 109, 118(1), 115(2), 352, 351(3), 126(2) B.N.S., P.S. Kamasin, District Banda. 3. Contention of learned counsel for the applicant is that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the general allegations were made against the three accused persons including the applicant by the victim. He further submits that co-accused Chunbad Verma and Ramdhani Verma have already been granted bail vide orders dated 23.04.2025 & 29.04.2025 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 5800 of 2025 and 13993 of 2025, respectively. He is seeking parity of the order aforesaid. He argued that charge sheet has been filed in the instant matter and there is no possibility of his fleeing away from investigation proceedings and tampering with the evidence. He also added that there is no previous criminal antecedent of the applicant which has been mentioned in para 17 of the bail application. The applicant is a law abiding citizen and he is languishing in jail since 30.07.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but she could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant-Shivdhani Verma, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. v. The applicant shall not leave the country without the permission of court concerned. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.7.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad