Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2876 of 2019 Applicant :- Satish Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Satish Verma seeks bail in Case Crime No.655/2017, under Sections 394/302/411/34 IPC, P.S. Khurja Nagar, Bulandshahar.
It is submitted by learned counsel for the applicant that in respect of an occurrence on the intervening night of 19/20.7.2017, although the name of applicant surfaced in the confessional statement of co-accused on 22.2.2017 but the alleged recovery of Rs.20,000/- from the house of the applicant was made on 2.8.2017, applicant claims to have been constructing his house for which he had kept the requisite funds which is also authenticated by the recovery of certain receipts of building material, applicant had not absconded even after the arrest of co-accused on 22.2.2017, applicant is in jail since 23.7.2017, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail. It is next submitted that the co-accused Bablu alias Badlu whose case is similar to the case of the applicant has already been enlarged on bail vide order dated 31.5.2019 as it has been explained in RA-2.
Learned AGA has opposed the prayer for bail.
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 applicant has made out a case for bail.
Let the applicant Satish Verma involved in aforesaid case be released on bail on 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 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 :- 31.7.2019 Rk