Suneel Verma v. State of U.P. Thru. Prin. Secy. Home

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9048 of 2023 Applicant :- Suneel Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Gyanoday Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Rajesh Kumar Singh learned A.G.A-I for the State and perused the record.

¶2This is second bail application. First bail application Crl. Misc. Bail Application No.4020 of 2023 has been rejected by this Court on 16.5.2023.

¶3This second bail application has been filed for bail in Case Crime No.357 of 2022 under Section 498-A, 304-B IPC, 3/4 D.P. Act, PS Kotwali Bhinga, district Shrawasti.

¶4Learned counsel for the applicants has submitted that after rejection of first bail application by this Court,five witnesses have been examined before the Trial Court and he has annexed the statement. He has submitted that all the five witnesses have not supported the prosecution case and at the moment, it cannot be inferred that the applicant was involved in commission of crime.

¶5Learned counsel for the applicant has invited attention of this Court towards the statement of PW-1 father of deceased who has deposed before the Court in the cross-examination that no dowry demand was made by the applicant or his family members and his daughter was happily living with her in laws. He also did not tell adverse against the family members of the applicant. He further denied allegation of demanding Apache motorcycle. He has further deposed before the Court that prior to two days of her death, he had gone to the house of the deceased and her inlaws told him that she used to talk to some unknown person on phone and he also deposed before the Court that due to said reason, she committed suicide. Similarly, PW-2 mother has also not supported the prosecution case. He has further submitted that PW-3, 4 and 5 are independent witnesses and they have also not supported the prosecution case. He has further submitted that after looking entire statement of the witnesses of fact, it cannot be inferred that the applicant was involved in commission of crime. He has submitted that the applicant has been falsely implicated. The applicant has no criminal history and he is in Jail since 29.7.2022.

¶6Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that all the five witnesses including father, mother of deceased, have not supported the prosecution case.

¶7Considering the submissions of learned counsel for parties, the argument that the fact witnesses have not supported the prosecution case, it is a fit case for bail.

¶8Let the applicant Suneel Verma be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 11.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench