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2025 DAILYLAW 75253 (ALL)

ABHISHEK VERMA v. STATE OF U.P.

BAIL/24566/2025 · 2025-07-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121857 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24566 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. 1. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned AGA for the State Respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 26 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2), 111(2)(B) of B.N.S., Police Station Gunnaur, District Sambhal during pendency of the trial. 3. He further submits, as far as merit of the case is concerned, however, as per allegation, applicant along with others duped the informant and misappropriated the amount of life insurance of her husband but entire allegation leveled against the applicant is totally false. 4. He further submits, even applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Akash Yadav and after considering the entire facts of the case co-accused Akash Yadav has been released on bail by this Court vide order dated 20.05.2025 passed in Criminal Misc. Bail Application No. 13443 of 2025 and on facts, case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Further, as far as merit of the present case is concerned applicant was not named in the FIR and during investigation he has been made accused in the present matter and it reflects, except the statement of co-accused and confessional statement of the applicant before police there is no cogent and admissible evidence against the applicant on record. 9. Further, bail application of co-accused Akash Yadav has been allowed by this Court after considering the entire facts of the case and on facts, case of applicant is at par with him. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant Abhishek Verma, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.7.2025/pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad