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2015 DIGILAW 1058 (ALL)

Brijesh Kumar Verma @ Pathak v. State of U. P.

2015-05-01

SUDHIR KUMAR SAXENA

body2015
JUDGMENT Sudhir Kumar Saxena, J. Heard learned counsel for the applicant and learned AGA for the State. 2. It is submitted by learned counsel for the applicant that it is a case of circumstantial evidence. Applicant is not named in the FIR. Informant- Radhe Shyam disclosed applicant's name after three months. Other witnesses have come into light even thereafter. Identically situated Vikram Singh @ Chanki (co-accused) has been granted bail by a co-ordinate Bench of this Court vide order dated 10.04.2015 passed in Bail No. 2542 of 2015. 3. Learned AGA opposed the prayer for bail and conceded that role of applicant is identically situated. 4. 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 on parity in this case. 5. Let the applicant- Brijesh Kumar Verma @ Pathak involved in Case Crime No. 572 of 2014, under Sections- 302/201 IPC, Police Station- Bilgram, District- Hardoi 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.