Allahabad High Court
Sushil Kumar Verma @ Sushil Verma vs State Of U.P. Thru. Prin.Secy. Home ... on 22 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38856
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5449 of 2024
Applicant :- Sushil Kumar Verma @ Sushil Verma
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt..
Counsel for Applicant :- Mulayam Singh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
1. Learned A.G.A. informs that he has procured complete instruction in the matter including up-to-date case diary.
2. Heard Shri Mulayam Singh Yadav, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
3. This bail application has been moved on behalf of the applicant/Sushil Kumar Verma @ Sushil Verma for grant of bail, in Case Crime No. 0158 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Masauli, District Barabanki, during pendency of trial.
4. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been granted bail by this Court, vide order dated 07.05.2024 passed in Criminal Misc. Bail Application No. 13679 of 2023, a copy of which has been placed at Annexure No.3 to the bail application.
5. It is further submitted that apart from the above-mentioned case, criminal history of four cases is being alleged against the applicant. Out of these four cases, in one case, the applicant has been granted bail, while in three cases he has been acquitted by the competent criminal courts and the two judgments pertaining to the acquittal of the applicant and grant of bail in one case has been placed at Page No. 23, 38 and 46 of the bail application. However, despite best efforts made by the deponent, the acquittal order with regard to the third case has not been obtained.
6. It is further submitted that applicant is in jail in this matter since 27.12.2021 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart. Identically placed co-accused person, namely, Pradeep Verma has been granted bail by this Court, vide order dated 28.10.2023 passed in Criminal Misc. Bail Application No. 12634 of 2023.
7. Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.
8. Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, applicant has been granted bail by this Court. Apart from the above-mentioned case, applicant is also shown involved in four other cases and the same has been adequately explained by the applicant. Applicant is in jail in this matter since 27.12.2021. Identically placed co-accused person, namely, Pradeep Verma has been granted bail by this Court and the presence of the applicant may be secured before the trial court by placing adequate conditions.
9. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.
10. Let the applicant/Sushil Kumar Verma @ Sushil Verma involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
13. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 22.5.2024
Praveen
