Allahabad High Court
ANAND KUMAR VERMAversusSTATE OF U.P.
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to a personal bond, sureties and specified conditions.
Summary
The High Court considered a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Anand Kumar Verma, who was in custody for alleged offences under Sections 406, 420, 467, 468, 504 and 506 of the IPC. The applicant’s counsel argued that he was falsely implicated, had no prior criminal record, and posed no risk of fleeing, tampering with evidence, or intimidating witnesses, citing para 13 of the Supreme Court’s decision in Deepak Kumar Shrivas v. State of Chhattisgarh (2024 INSC 117). The State opposed the bail. The Court, after noting the seriousness of the charges but finding no substantial reason to deny bail, allowed the bail application subject to personal bond, sureties and conditions to prevent tampering, intimidation, and further criminal activity.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving IPC offences 406, 420, 467, 468, 504 and 506.
- Whether there is a likelihood of the accused fleeing, tampering with evidence or pressurising witnesses.
- Whether the precedent set in Deepak Kumar Shrivas v. State of Chhattisgarh (2024 INSC 117) is applicable to the present bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Indian Penal Code — s. 406, 420, 467, 468, 504, 506
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- IPC offences
- false implication
- witness tampering
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28432 of 2025
Anand Kumar Verma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Harsh Tiwari, Vishal Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Harsh Tiwari & Shri Vishal Kumar Singh, learned counsel for
the applicant, Ms. Anita Singh, learned Brief Holder for the State-
respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Anand
Kumar Verma, seeking enlargement on bail in Case Crime No. 0303 of
2023, under Sections 406, 420, 467, 468, 504, 506 IPC, Police Station
Pipiganj, District Gorakhpur, during the pendency of the trial before the
Court below.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number
and is languishing in jail since 6.7.2025. Learned counsel for the applicant
submits that as per prosecution case, allegation against the applicant is
that for securing job in a government department, applicant had taken
money in his bank account. Much emphasis has been drawn by learned
counsel for the applicant to the Para 13 of decision of the Apex Court
rendered in case of Deepak Kumar Shrivas and another versus State of
Chattisgarh and others, reported in 2024 INSC 117, which is as under:-
"13. A reading of the entire material on record clearly reflects that it was
totally an unlawful contract between the parties where money was being
paid for securing a job in the government department(s) or private sector.
Apparently, a suit for recovery could not have been filed for the said
BAIL No. 28432 of 2025
2
purpose and even if it could be filed, it could be difficult to establish the
same where the payment was entirely in cash. Therefore, the respondent
no.6 found out a better medium to recover the said amount by building
pressure on the appellant and his brother by lodging the FIR. Under the
threat of criminal prosecution, may be the appellant would have tried to
sort out and settle the dispute by shelving out some money."
Charge sheet in this case has already been filed on 12.9.2025. Further
custodial interrogation of the applicant is no more required. Applicant has
no criminal antecedent and there is no likelihood of his fleeing from
course of justice or tampering with evidence in case of release on bail.
Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of
supporting evidence, reasonable apprehension of tampering with the
witness and prima facie, but without commenting on merit of case, a case
for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Anand Kumar Verma, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
BAIL No. 28432 of 2025
3
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
April 23, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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