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2025 DAILYLAW 75252 (ALL)

ABHISHEK VERMA v. STATE OF U.P.

BAIL/24540/2025 · 2025-07-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121845 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24540 of 2025 Applicant :- Abhishek Verma Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 31 of 2025, under Sections 318 (4), 316 (2), 351 (2), 338, 336 (3), 340 (2), 111 (2) (B) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gunnaur, District Sambhal. 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 19.06.2025. Learned counsel for the applicant further submits that the applicant is not named in the FIR and his name surfaced in the statement of co-accused Sachin Sharma. During investigation, Section 111 (2) (B) of BNS has been added and the applicant has been put behind the bar. Learned counsel for the applicant submits that requisite 03 ingredients of Section 111 BNS has not been attracted against the applicant. Learned counsel for the applicant submits that co- accused Onkareshwar Mishra Karan, whose role is identical to that of applicant, has been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 20917 of 2025. Further, the other co-accused Nitin Chaudhary, Krishna Avtar, Shailendra Kumar and Sachin Sharma have also been granted bail vide order dated 23.05.2025, 29.05.2025, 02.06.2025 and 07.07.2025 in Criminal Misc. Bail Application Nos. 17744 of 2025, 18347 of 2025, 19008 of 2025 and 19030 of 2025 respectively. He has 02 cases of criminal antecedent, which have sufficiently been explained in Para 20 of the affidavit filed in support of bail application 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 but unable refute the submissions made by learned counsel for the applicant on Section 111 of BNS. 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 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, Abhishek 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 :- 24.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad