Allowed

Manish Kumar @ Vivek Kumar Verma v. State of U.P. and Anr.

Allahabad HC3 Jun 2022/12499/2021

Case brief

AI extract

What is this about?

In this Criminal Misc. A.B. Application, the High Court allowed the request for anticipatory bail filed by the applicant, who is the brother-in-law of the deceased accused in a case involving dowry and cruelty. The court imposed standard conditions regarding appearance in court and prohibition of adjournments.

What did the court decide?

Anticipatory bail allowed subject to furnishing a personal bond with two local sureties and complying with strict conditions regarding court appearance and no adjournments.

Manish Kumar @ Vivek Kumar Verma Vs State of U.P. and Anr. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12499 of 2021

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Applicant :- Manish Kumar @ Vivek Kumar Verma Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A.,Arvind Kumar,Shivendra Pratap Singh

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

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Despite service of notice, no one has put in appearance on behalf of complainant to oppose this application.

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The present Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C. seeking anticipatory bail in Case Crime No.0484 of 2021, under Sections 498A, and 304B IPC read with Section 3/4 D.P. Act lodged at Police Station Kotwali Nagar, District Barabanki.

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It has been argued by the counsel for the applicant that the applicant is the brother-in-law of the deceased. It has been further argued that general allegations have been made against the applicant and there is no evidence against the applicant regarding the allegations made in the first information report. It has been further argued by the counsel for the applicant, which fact is not denied by the A.G.A., that two other accused in the case, namely, Surya Prakash Verma and Mamta Verma (father-inlaw and the mother-in-law of the deceased) have already been granted anticipatory bail by this Court vide its order dated 21.10.2021 passed in Criminal Misc. Anticipatory Bail Application No. 10689 of 2021.

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Considering the submissions advanced by the learned counsel for the applicant, the application is allowed.

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5 It is directed that in event of arrest, the applicant- Manish Kumar alias Vivek Kumar Verma , shall be released on bail in the said FIR on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned, if not already submitted, with the following conditions, which are imposed in the interest of justice:-

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(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(iv) the applicant(s) 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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Order Date :- 3.6.2022 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.06.03 17:44:30 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Manish Kumar @ Vivek Kumar Verma v. State of U.P. and Anr.

Case brief

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Manish Kumar @ Vivek Kumar Verma v. State of U.P. and Anr.

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