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Ashish Verma vs State Of U.P. on 31 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 14777 of 2019

Applicant :- Ashish Verma

Opposite Party :- State Of U.P.

Counsel for Applicant :- Amit Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Vivek Kumar Singh,J.

Counter affidavit filed on behalf of State, is taken on record.

Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case. It is further submitted that no specific role of demand of dowry and harassment of deceased has been levelled against the applicant, only general allegations have been made against him. There is no dying declaration of the deceased, available on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant is in jail since 23.09.2018 there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant is having absolutely clean antecedent except a false case lodged in Case Crime No. 138 of 2018, under Sectionsection 376, Section323, Section504, Section452 IPC, wherein he has been granted bail. Applicant also undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer.

Having heard the submissions of learned counsel of both sides, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of SectionDataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

Let applicant Ashish Verma be released on bail in Criminal Case No. 9458 of 2018 arising out of Case Crime No. 306 of 2018, under Sections 498A, Section302 IPC, Police Station- Bhamora, District- Bareilly on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 31.7.2019

Arti

 

 

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