Allahabad High Court
Amar Jeet Verma & Anr vs State Of U.P on 5 October, 2017
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- BAIL No. - 7851 of 2017
Applicant :- Amar Jeet Verma & Anr
Opposite Party :- State Of U.P
Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma
Counsel for Opposite Party :- G.A.,Arun Kumar
Hon'ble Mrs. Rekha Dikshit,J.
Counter affidavit filed on behalf of complainant is taken on record.
Heard Sri Manoj Kumar Mishra, learned counsel for the applicants and Sri Rajesh Kumar Singh, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicants that the applicants have falsely been implicated in the present case. He further submits the F.I.R has been lodged after one and half month delay on the application under section 156(3) Cr.P.C against the applicants and co-accused. It is next contended that the applicant No.1 has no criminal history and applicant No.2 has only one criminal case in which he is on bail. He further submits that identically situated co-accused Diwakar Vermam has already been granted bail by co-ordinate Bench of this Court vide order dated 17.8.2017 in Crl. Misc. Bail Application No.6411 of 2017, hence the applicants are also entitled to be released on bail on the ground of parity. The applicants are in jail since 19.8.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
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 merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Amar Jeet Verma and Hayat Mohammad involved in Case Crime No.506 of 2012, under Sections 149 and 302 IPC, P.S. Ibrahimpur, District Ambedkar Nagar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants 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.
(iii) In case, the applicants 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 5.10.2017
GS
