Sunil Verma vs. State Of U.P.
Held
The Court granted bail to the applicant, Sunil Verma, in Case Crime No. 184 of 2022. The Court considered the facts and circumstances of the case, the arguments advanced by both parties, and without expressing any opinion on the merits of the case, found it to be a fit case for granting bail. The applicant was directed to be released on furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned, subject to several conditions aimed at ensuring his presence during the trial and preventing misuse of liberty. These conditions included undertaking not to seek adjournments when witnesses are present, remaining present on each date fixed, and facing proceedings under Section 174-A IPC if proclamation under Section 82 Cr.P.C. is issued and he fails to appear. The Court explicitly stated it was not expressing an opinion on the merits of the case.
Facts
The applicant, Sunil Verma, sought bail in Case Crime No. 184 of 2022, under Sections 457, 380, 411, 413, 414 IPC, registered at Police Station- Phephna, District - Ballia. The applicant, who owns a jewellery shop, claims to have been falsely implicated after refusing a demand from the SHO. He asserts that no independent public witness was present for the alleged recovery, and the goods in question were purchased for his shop, with GST bills annexed as proof. The applicant has been in jail since September 9, 2022, and the trial is unlikely to conclude soon. The State opposed the bail application.
Key Issues
1. Whether the applicant is entitled to bail in Case Crime No. 184 of 2022, considering the allegations and the evidence presented. The applicant argued for bail based on his innocence, false implication, lack of independent witnesses for recovery, possession of GST bills for purchased goods, and the prolonged period of incarceration with a bleak prospect of trial conclusion. The State, through the learned A.G.A., opposed the prayer for bail, though specific arguments were not detailed in the judgment.
Sections Cited
Section 457, Section 380, Section 411, Section 413, Section 414, Section 229-A, Section 82, Section 174-A
AI-generated summary — verify with the full judgment below
Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49699 of 2022 Applicant :- Sunil Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 184 of 2022, under Sections 457, 380, 411, 413, 414 IPC, Police Station- Phephna , District - Ballia.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is an owner of a jewellery shop and SHO Ubhaon demande some money from the applicant and when he refused the same he falsely implicated the applicant in the present case. There was no independent public witness to prove the alleged recovery; nothing has been recovered from the possession of the applicant; the goods was purchased by the applicant for his jewellery shop and GST bills of the same has been annexed as Annexure No. 1 to this application.
It is also sub
The judgment continues below.
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