Allowed

Akash Varma @ Puneet v. State of U.P.

Allahabad HC5 Jan 2021BAIL/49589/2020

Case brief

AI extract

What is this about?

Hon'ble Neeraj Tiwari, J. allowed bail to the applicant Akash Varma @ Puneet in a criminal case under the Immoral Traffic (Prevention) Act and IPC 120B, relying on parity with co-accused and absence of criminal history. Specific conditions of bail, including attendance and non-interference, were imposed.

What did the court decide?

Ac allege natural being made by to execute personal bond and two three bond for same as the court concerned were all to be entered.

Akash Varma @ Puneet Vs State of U.P. — Allahabad HC (2021) — LawSathi Research

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49589 of 2020

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Applicant :- Akash Varma @ Puneet Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that co-accused, Rahul Mishra, Nikki @ Nitin Prajapati and Abhishek @ Sunil, having an identical role have already been granted bail by this Court vide orders dated 10.11.2020, 25.11.2020 and 14.12.2020 in Criminal Misc. Bail Application Nos. 33000 of 2020, 41466 of 2020 and 45735 of 2020 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 2.9.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Akash Varma @ Puneet , involved in Case Crime No. 510 of 2020, under Sections- 3, 4, 5, 6, 7 and 8 of The Immoral Traffic (Prevention) Act and Section 120B I.P.C., Police Station- Tajganj, District Agra, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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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

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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.

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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.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.1.2021 Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.05 18:18:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Akash Varma @ Puneet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Varma @ Puneet v. State of U.P.

Case brief

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What did the court decide?

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