Allahabad High Court
PAWAN VERMAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to personal bond, sureties and standard conditions.
Summary
Pawan Verma applied for bail in Criminal Case No. 356 of 2025, charged under Sections 126(2), 310(2) and 317(3) of the Indian Penal Code for alleged robbery and murder. He contended that he was falsely implicated, that the FIR named five unknown persons, and that the recovery of stolen items from his possession was planted, with no independent witnesses. The charge sheet was filed on 27‑01‑2026 and cognizance taken on 18‑02‑2026; he had been in custody since 13‑01‑2026. The State opposed bail but did not dispute the factual matrix. The Court, after weighing the nature of the offence, the material evidence and the applicant’s claim of innocence, held that the applicant had made out a case for bail and ordered his release on personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused Pawan Verma in a case involving Sections 126(2), 310(2) and 317(3) of the IPC, considering the seriousness of the alleged offences and the claim of false implication?
Legislation cited
- Indian Penal Code — s. 126, 310, 317
Subjects
- bail
- Indian Penal Code
- Sections 126, 310, 317
- false implication
- robbery
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8463 of 2026
Pawan Verma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Mani Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ravindra Mani Pal, learned counsel for the applicant and Shri
Puneet Kumar Singh, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Pawan Verma,
with a prayer to enlarge him on bail in Case Crime No. 356 of 2025,
under Sections 126 (2), 310 (2), 317 (3) BNS, Police Station-
Parsurampur, District-Basti, during pendency of trial.
Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 13.01.2026. Learned counsel for the applicant
submits that first information report was lodged against five unknown
persons with the allegation that on the date of incident his brother namely
Chandrika Prasad Jaiswal along with his friend namely Pawan Verma
were going to Ayodhya. In the way near Bichhnaiya Taal, five unknown
persons stopped them and looted the Motor cycle, Rs. 85,00/ cash, and
three mobile phones. Learned counsel for the applicant submits that the
applicant was arrested from his house while he was sleeping. The
recovery shown from the possession of the applicant is planted one as
there is no independent witness to the said recovery. Learned counsel for
the applicant after arguing at some length submits that in the present case
charge sheet has been filed on 27.01.2026, cognizance has been taken on
18.02.2026 and there is no need of further custodial interrogation of the
applicant. Criminal antecedents of five cases has been properly explained
and there is no likelihood of his fleeing from course of justice or
BAIL No. 8463 of 2026
2
tampering with evidence in case of release on bail. Hence, bail has been
prayed for.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant
but could not dispute the aforesaid facts.
Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.
Let the applicant-Pawan Sharma, involved in aforesaid case crime be
released on bail on his furnishing a personal bond and two local sureties
each of 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.
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.)
May 6, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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