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2025 DAILYLAW 87436 (ALL)

RAJENDRA PRASAD VERMA v. STATE OF U.P.

BAIL/28875/2025 · 2025-08-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144408 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28875 of 2025 Applicant :- Rajendra Prasad Verma Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ankit Namdev, learned Advocate, holding brief of Sri Vinod Shankar Tripathi, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.46 of 2006, under Sections 409,420,467,468, 471,120-B and 34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Sikandarpur, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged on 8.5.2006 against the applicant and 172 others and according to the FIR, applicant was Gram Vikas Adhikari and he along with other accused misappropriated the government fund but entire allegations levelled against the applicant are totally false. 4. He further submits that FIR of the present case was lodged in May, 2006 but investigation of the case is still pending and even till 2018 investigation of the case could not be commenced and after 2018 although investigation has been commenced but applicant was never interrogated and after 17 years he was arrested. 5. He further submits that along with applicant, number of Kotedars, Gram Pradhan and Project Directors have also been made accused on the basis of general allegation and even arrest of number of other accused persons have been stayed by this Court. 6. He further submits that applicant is not having any previous criminal history to his credit and in the present matter he is in jail since 19.7.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that in the present matter applicant has been arrested after 17 years and there is no allegation that he was an absconder and bail application of co-accused Kameshwar Rai, the Gram Pradhan, has been allowed by this Court and applicant is not having any previous criminal history to his credit and in the present matter he is in jail in since 19.7.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Rajendra Prasad 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. 12. 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. BAIL No. 28875 of 2025 2 13. 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 :- 22.8.2025 SKM BAIL No. 28875 of 2025 3 Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad