Allowed

Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC13 May 2022/4732/2022

Case brief

AI extract

What is this about?

The High Court Bail Bench, in a regular bail application under Section 439 Cr.P.C., allowed bail by parity with a co-accused. The court imposed conditions to ensure the applicant's presence for evidence, framing of charges, and recording of statements.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties, and complying with conditions regarding court presence and behavior.

Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas Vs State… — Bail and Remand | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4732 of 2022

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Applicant :- Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard learned counsel for the applicant, G.D. Bhatt, learned A.G.A. for the State and perused the record.

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2. The present bail application has been filed under Section 439 Cr.P.C. by the applicant in FIR No.501 of 2020 under Section 306 IPC, Police Station Fardhan, District Kheri.

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3. Learned counsel for the applicant submits that the co-accused, having similar role, has been granted bail by this Court in Bail No.10574 of 2021 vide order dated 7.4.2022. He, therefore, submits that the accusedapplicant is also entitled for bail on the ground of parity. The applicant has no previous criminal history.

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4. Learned AGA does not dispute the aforesaid fact.

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5 . Considering the facts and circumstances of the case and the fact that the co-accused has been enlarged on bail from this Court, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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6. Let applicant Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

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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

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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 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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Order Date :- 13.5.2022

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prateek

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Digitally signed by PRATEEK ARORA Date: 2022.05.13 17:42:51 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

What is this about?

What did the court decide?

Veermati Alias Ramdevi W/O Veeru @ Ramveer Raidas v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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