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2025 DAILYLAW 58530 (ALL)

DEEPAK KUMAR VERMA v. STATE OF U.P.

BAIL/16556/2025 · 2025-05-25

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88721 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16556 of 2025 Applicant :- Deepak Kumar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anoop Trivedi, learned Senior Counsel, assisted by Shri Ankit Shukla, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide order dated 12.03.2025, passed in Criminal Misc. Bail Application No. 44154 of 2024, Deepak Kumar Verma vs. State of U.P. copy whereof has been brought on record as Annexure-1 to the bail application. The applicant- Deepak Kumar Verma, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 82 of 2024, under Sections-419, 420, 467, 468, 471, 120-B I.PC., and Section 66-C and 66-D of the Information Technology Act, registered at Police station Civil Line, District-Etawah, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that main accused namely Rajnesh and Vikul Chaudhary has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 46060 of 2024 and 45497 of 2024 vide orders dated 18.03.2025 and 24.03.2025. Learned counsel for the applicant further submits that the applicant is languishing in jail since last seven months and there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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 case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Deepak 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 26.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad