Allahabad High Court
RAJENDRA VERMAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The bail application is allowed.
Summary
The High Court of Judicature at Allahabad considered bail application No. 32010 of 2026 filed by Rajendra Verma, who is in custody for offences under IPC sections 303(2), 324(2) and 317(2) arising from a theft case at Noida. The applicant pleaded innocence, claiming he was falsely implicated and that no incriminating material was recovered from him. Counsel submitted that despite a prior criminal history of ten cases, the applicant has been in jail since 11 May 2026 and would not misuse liberty if released. The opposing A.G.A. opposed bail but did not dispute the applicant’s contentions. After reviewing the record and arguments, the court, without expressing opinion on the merits, found the case fit for bail and ordered release on personal bond and two sureties with conditions. The conditions require the applicant to appear before the trial court, not tamper with evidence or influence witnesses, and refrain from any criminal activity. The court clarified that its observations are limited to the bail application and do not affect the merits of the trial.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences under IPC 303, 324 and 317 and his prior criminal record
- Whether the conditions imposed are sufficient to ensure the applicant’s compliance during trial
Legislation cited
- Indian Penal Code — s. 303(2), 317(2), 324(2)
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- Section 303
- Section 324
- Section 317
- sureties
- pre‑trial liberty
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32010 of 2026
Rajendra Verma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Shukla, Manoj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 189 of 2026 under
Sections -303(2), 324(2), 317(2) BNS Police Station - Sector 39 Noida
District -Gautam Buddha Nagar.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the informant had lodged the FIR against the unknown
persons with the allegation that on the date of alleged incident, laptop and
other article was theft after breaking the window of the car of the
informant, thereafter the applicant and co-accused have been falsely
implicated in the present case. Nothing incriminating has been recovered
from the possession of the applicant. It is also submitted that applicant is
having no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. The applicant has
criminal history of ten cases, which has been explained in paragraph
no.14 of the affidavit filed in support of the bail application. The applicant
is in jail since 11.05.2026. Therefore, the applicant is entitled for bail.
Learned counsel for the applicant has further submitted that if the
applicant is released on bail, the applicant would not misuse liberty of bail
and is ready to co-operate in the trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
BAIL No. 32010 of 2026
2
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Rajendra Verma be released on bail in the aforesaid
case crime number on furnishing a personal bond and two reliable
sureties of the like amount to the satisfaction of the court concerned
subject to following conditions, which are being imposed in the interest of
justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 9, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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