HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 329 of 2020
Applicant :- Girish Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Pyarey Lal Verma
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.22 of 2019, under Sections 409 I.P.C., Police Station Vibhuti Khand, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person and he is in jail since 08.08.2019. It is further submitted on behalf of the applicant that the applicant has been falsely implicated in the F.I.R. No.22 of 2019, under Sections 406, 420 I.P.C., P.S. Vibhuti Khand, District Lucknow. He further submitted that in the aforesaid offence, the applicant has been enlarged on bail by this Court vide order dated 15.11.2019 in Bail Application No.9475 of 2019 (bail order is appended as annexure No.4). He further submitted that after investigation, the charge sheet was filed by the Investigating Officer under Sections 409, 420 I.P.C. and thereafter, the applicant moved an application under Section 409 I.P.C. before the Additional District Sessions Judge/Special Court, P.C. Act, Court No.2, Lucknow, but the same was rejected on 24.12.2019. He further submitted that the applicant has been enlarged on bail by this Court and he never misused the liberty of bail. 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.
Learned A.G.A. opposes the prayer of bail of applicant but conceded the fact that applicant was already enlarged on bail in F.I.R. No.22 of 2019, under Sections 406, 420 I.P.C., P.S. Vibhuti Khand, District Lucknow but after investigation, the Investigating Officer deleted the offence under Section 406 I.P.C. added Section 409 I.P.C. and submitted the charge sheet.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Girish Verma be released on bail in the 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:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 13.1.2020
S. Shivhare
