Sangam Verma @ Sangam Kumar Verma v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14785 of 2023 Applicant :- Sangam Verma @ Sangam Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arvind Kumar, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A. for the State of U.P. and perused the record.

¶2The present bail application has been filed on behalf of the applicant in Case Crime No. 133 of 2022 under Sections 419, 420, 109, 409 I.P.C., Police Station Baddupur, District Barabanki, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant submitted that the applicant is innocent person and he is in jail since 29.07.2022. He further submitted that co-accused, Abhishek Upadhyay, Chandan Yadav @ Sonu Yadav, Sain Tiwari @ Saim Tiwari @ Surjeet Tiwari and Om Prakash, having identical role, have already been granted bail by co-ordinate Benches of this Court, vide orders dated

6.2.2023, 6.12.2022, 21.2.2023 and 21.03.2023 respectively passed in Criminal Misc. Bail Application No.1777 of 2023, 14231 of 2022, 2613 of 2023 and 3882 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused, Abhishek Upadhyay, Chandan Yadav @ Sonu Yadav and Sain Tiwari @ Saim Tiwari @ Surjeet Tiwari, having identical role, have already been granted bail by this Court.

¶5Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused, Abhishek Upadhyay, Chandan Yadav @ Sonu Yadav, Sain Tiwari @ Saim Tiwari @ Surjeet Tiwari, Om Prakash, ground of parity and the applicant is languishing in jail since 29.07.2022 and merely charges have been framed in November, 2023, I am of the view that the applicant is entitled to be released on bail.

¶6Let applicant -Sangam Verma @ Sangam Kumar Verma be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) 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 IPC.

(v) 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., may be issued and if 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 IPC.

(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Subhash Vidyarthi,J.) Order Date :- 15.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench