Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16982 of 2019 Applicant :- Veeri Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Balbir Yadav, learned counsel for the applicant, Sri A.R. Chaurasiya, learned A.G.A. for the State and perused the record.
As per office report dated 29.05.2019, notice has been served to the complainant in compliance of order dated 24.04.2019 but none has appeared on his behalf to contest the matter.
It has been contended by learned counsel for the applicant that co-accused Mahesh @ Majuka has been granted bail by Co-ordinate Bench of this Court vide order dated 27.02.2019 in Criminal Misc. Bail Application No.8630 of 2019 and case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity. The applicant is aged about 70 years and because of some political rivalry, he has been falsely implicated in the present case. The applicant is in jail since 04.02.2019.
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.
Bail order of aforesaid co-accused has been annexed at page 61 of the bail application.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Veeri Singh involved in Case Crime No.449 of 2018 under Sections 376 (D) IPC and Sections 3/4 POCSO Act, Police Station Atrauli, District Aligarh 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.
The trial court is directed to expedite the trial of the present case expeditiously preferably within a period of one year from the date of production of a certified copy of this order.
Order Date :- 29.5.2019 Madhurima