Allahabad High Court
Anuj Verma @ Abhishek Verma vs State Of U.P. on 5 November, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38035 of 2020 Applicant :- Anuj Verma @ Abhishek Verma Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Order on the Exemption Application Application is allowed.
Order on the Bail Application Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
The allegation in the First Information Report is that prior to 6.8.2020 the informants gave gold to the applicant for making jewellery.He has misappropriated the gold alongwith money given for the purpose of making jewellery by the informants and applicant became untraceable. It has further been submitted that his wife, mother and Mama are hiding him and he has not appeared before the informants.Learned counsel for the applicant has submitted that offence has taken place during the lock-down, when all the business activities were at halt.There is no date of transaction mentioned nor any reference of receipt has been made.Applicant has been falsely implicated in this case on ulterior motive and no recovery has been made from the applicant.The applicant is in jail since 12.8.2020. The criminal history of one case of the applicant has been explained in paragraph-3 of the supplementary affidavit.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anuj Verma @ Abhishek Verma, who is involved in Case Crime No. 1026 of 2020, under Sections 420, 406, 506 I.P.C, Police Station-Kotwali Nagar , District- Bulandshahar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.11.2020 Atul kr. sri.