Deen Dayal Verma @ Phasariya v. State of U. P. Through District Forest Officer Bahraich
2015-05-04
BRIJESH KUMAR SRIVASTAVA II
body2015
DigiLaw.ai
JUDGMENT Brijesh Kumar Srivastava-II, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. This bail application has been preferred by the accused- applicant - Deen Dayal Verma @ Phasariya son of Shyam Lal, who is involved in Range case no.35 of 2014-15, under sections- 9, 27, 29, 31, 39, 48-A, 49-B, 50, 51, 52 of The Wild LIfe (Protection) Act, Range- Muritha, District- Bahraich. 3. It is contended by the learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in the present case and nothing has been recovered from his possession. It is also submitted that except present case no notice has been issued in any other case nor he has received any summon. Further submission is that the accused-applicant is languishing in jail since 26.12.2014 as averred in para-3 of the affidavit filed in support of the bail application. 4. Learned A.G.A. has opposed the bail on the ground of facts narrated in the F.I.R. 5. In view of the facts and circumstances of the case and rival contentions, without further entering into the merit of the case, I am of the opinion that the accused-applicant- Deen Dayal Verma @ Phasariya son of Shyam Lal is entitled to be released on bail. 6. Let applicant - Deen Dayal Verma @ Phasariya son of Shyam Lal be released on bail in the aforesaid case crime number on his furnishing personal bond and two heavy sureties of 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.
(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 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 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.