Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27228 of 2019 Applicant :- Shivam Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.147 of 2019, under Sections 489B, 489C, 489D IPC, Police Station Kotwali, District Pilibhit.
Learned Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. The charge-sheet has been filed on 14.07.2019. The applicant is in jail since 22.04.2019. The applicant has no criminal history and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned Counsel for the applicant further submits that the co- accused Smt. Sapna Patel and Uddeshya Dixit have already been entitled on bail by this Court vide orders dated 08.08.2019 and 25.09.2019 passed in Criminal Misc. Bail Application No.32195 of 2019 and 38901 of 2019, therefore, the applicant is also entitled to be released on bail on the ground of parity.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.
Let the applicant Shivam Verma be released on bail in Case Crime No.147 of 2019, under Sections 489B, 489C, 489D IPC, Police Station Kotwali, District Pilibhit on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(2) 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;
(3). In case, the applicant misuses the liberty of bail 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.
(4) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 29.11.2019 akverma