High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0470 of 2023, under sections 364-A, 120-B of IPC, Police Station Pali, District Hardoi. As per prosecution story, the son of the informant namely, Ramji Mishra was abducted for ransom of Rs.20,00,000/- which is said to be asked by the present applicant including three other co-accused persons. It is contented by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the victim/abducted person namely, Ramji Mishra was recovered from one Vishal Verma who was arrested after three days of the alleged incident and only on the basis of confessional statement, the present applicant has been implicated. He added that the applicant is not named in the first information report and except-apart, the confessional statement, there is no substantial evidence against the applicant. He also added that subsequently, the other alleged co-accused persons were also arrested on the basis of confessional statement of Vishal Verma wherein, a Santro Car is shown to be recovered and the same has been connected with the offence though, the applicant is neither the owner of Santro car nor he has any concern with the same. He further submits that identically situated co-accused, namely, Shobhit Pathak has already been released on bail by this Court vide order dated 15.10.2024 passed in Crl. Misc. Bail Application No. 4613 of 2024, as such, he is seeking parity of the same. Adding his arguments, he submits that there are five cases criminal history which has been explained and he has been granted bail in all the cases. The applicant is languishing in jail since 24.12.2023 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant is involved in committing offence as there is specific statement of the co- accused Vishal Verma and subsequently, a Santro car was also recovered which is connected with the present applicant. He added that there are five cases criminal history against the applicant and the chargesheet has been filed, as such, the applicant is not entitled to be released on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant was not arrested on spot and was found involved only on the basis of confessional statement of Vishal Verma though, his role is distinguishable from the role of Vishal Verma as the victim/abducted person was recovered from possession of Vishal Verma; identically situated co-accused has already been granted bail; this Court has also taken note of fact that the applicant is not named in the first information report and except apart the confessional statement, there seems to be no substantial evidence against the applicant coupled with the fact that he has explained the five cases criminal history in the bail application and he is languishing in jail since 24.12.2023 and he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Shobhit Verma involved in the aforementioned crime 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 30.1.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0470 of 2023, under sections 364-A, 120-B of IPC, Police Station Pali, District Hardoi. As per prosecution story, the son of the informant namely, Ramji Mishra was abducted for ransom of Rs.20,00,000/- which is said to be asked by the present applicant including three other co-accused persons. It is contented by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the victim/abducted person namely, Ramji Mishra was recovered from one Vishal Verma who was arrested after three days of the alleged incident and only on the basis of confessional statement, the present applicant has been implicated. He added that the applicant is not named in the first information report and except-apart, the confessional statement, there is no substantial evidence against the applicant. He also added that subsequently, the other alleged co-accused persons were also arrested on the basis of confessional statement of Vishal Verma wherein, a Santro Car is shown to be recovered and the same has been connected with the offence though, the applicant is neither the owner of Santro car nor he has any concern with the same. He further submits that identically situated co-accused, namely, Shobhit Pathak has already been released on bail by this Court vide order dated 15.10.2024 passed in Crl. Misc. Bail Application No. 4613 of 2024, as such, he is seeking parity of the same. Adding his arguments, he submits that there are five cases criminal history which has been explained and he has been granted bail in all the cases. The applicant is languishing in jail since 24.12.2023 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant is involved in committing offence as there is specific statement of the co- accused Vishal Verma and subsequently, a Santro car was also recovered which is connected with the present applicant. He added that there are five cases criminal history against the applicant and the chargesheet has been filed, as such, the applicant is not entitled to be released on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant was not arrested on spot and was found involved only on the basis of confessional statement of Vishal Verma though, his role is distinguishable from the role of Vishal Verma as the victim/abducted person was recovered from possession of Vishal Verma; identically situated co-accused has already been granted bail; this Court has also taken note of fact that the applicant is not named in the first information report and except apart the confessional statement, there seems to be no substantial evidence against the applicant coupled with the fact that he has explained the five cases criminal history in the bail application and he is languishing in jail since 24.12.2023 and he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Shobhit Verma involved in the aforementioned crime 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 30.1.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench