Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44369 of 2021 Applicant :- Amit Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Dharm Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
The Court convened through video conferencing.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
According to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by the court concerned. The applicant has falsely been implicated in the present case. The applicant is not a member of any gang. The applicant is languishing in jail since 17.09.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Let the applicant, Amit Verma, involved in Case Crime No. 658 of 2021, under section 3(1) U.P. Gangster @ Anti-Social Activities (Prevention) Act, 1986, Police Station Lanka, District Varanasi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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. 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 applicant 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 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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. 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 :- 24.12.2021/K.K. Maurya