Allowed

Ravi Shankar Verma v. State of U.P.

Allahabad HC17 Apr 2020BAIL/12139/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by a Gram Panchayat Adhikari accused in a cheating case. Due to the COVID-19 lockdown affecting the availability of sureties, the court directed the applicant's release against a personal bond, citing directions from a public interest litigation. The judgment imposed strict conditions ensuring the applicant's presence and participation in all future

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to strict conditions ensuring presence in court and compliance with trial proceedings.

Ravi Shankar Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12139 of 2020

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Applicant :- Ravi Shankar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Anil Kumar Srivastava (Senior Adv.),Ram Bahadur Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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This bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.76 of 2018, under Section 419, 420, 467, 468 IPS, Police Station Revati, District Ballia, during pendency of trial.

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As per the allegation made in the First Information Report the complainant has been duped by the Village Pradhan and her husband, who are said to have taken Rs.20,000/- from her and the amount disbursed in the Prime Minister Awas Yojana for weaker section has been got deposited in some other account and the entire amount in that regard has been consequently embezzled.

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It is alleged that investigation has not been properly conducted and the Investigating Officer by exonerating the main accused person has falsely implicated the applicant. No specific illegality has been attributed to the present applicant who is working as Gram Panchayat Adhikari. It is submitted that as per the procedure laid down the applicant has no role to play and the applicant otherwise has a spotless career since 2008. It is further submitted that as the applicant is a government servant, he shall not flee the trial and undertakes not to influence the trial otherwise in any manner. The applicant has no criminal history and he is lodged in jail since 9.2.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Perused the record and rejection order passed by the court below.

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Let the applicant Ravi Shankar Verma involved in the instant case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(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.

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(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.

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(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

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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.

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(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.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In view of the extraordinary situation prevailing in the State due to Covid19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.

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The order reads thus:

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"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."

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Order Date :- 17.4.2020 Ashok Kr.

Ravi Shankar Verma v. State of U.P.

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Ravi Shankar Verma v. State of U.P.

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