Allowed

Veer Vrat Alias Ravi v. State of U.P.

Allahabad HC21 Oct 2022BAIL/13888/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 13888 of 2018, the Hon'ble High Court granted bail to the applicant accused under Sections 302, 307 IPC. The court observed it to be a case of bail while keeping the merits open. Specific conditions regarding attendance and trial compliance were laid down.

What did the court decide?

The applicant be released on bail subject to filing a personal bond with two sureties and complying with specific conditions regarding court attendance.

Veer Vrat Alias Ravi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13888 of 2018 Applicant :- Veer Vrat Alias Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Mehul Khare,Amit Daga Counsel for Opposite Party :- G.A.,Vivek Kr. Singh

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Hon'ble Vivek Kumar Singh,J .

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Heard Sri Amit Daga and Mehul Khare, learned counsels for the applicant and the learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that this is third bail application filed on behalf of applicant. The first and second bail of the applicant was dismissed on merits by this Court in Crl. Misc. Bail Application Nos. 40650 of 2015 and 40580 of 2016 (Veervrat @ Ravi Vs. State of U.P.) vide orders dated 26.11.2015 and 20.02.2017. The applicant has been falsely implicated in the present case due to ulterior motive. F.I.R. was lodged against the applicant and other family members. Further submission is that the as per the FIR several fires have been opened by the applicant and his father Satendra but only one gun shot entry and exit wound was found on the person of the deceased and two empty cartridges were found on the spot on the ground which belies the prosecution story. Applicant have no motive to kill the deceased. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that applicant is languishing in jail since 20.08.2014 having no previous criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Veer Vrat alias Ravi, involved in Case

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Crime No. 343 of 2014, S.T. No. 87 of 2015, under Sections 302, 307, 323, 324, 325, 34, 506 I.P.C., Police Station Chhaprauli, District Baghpat, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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 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,

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(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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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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O rder Date :- 21.10.2022/Vibha Singh

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Digitally signed by VIBHA SINGH Date: 2022.10.22 13:30:35 IST Reason: Location: High Court of Judicature at Allahabad

Veer Vrat Alias Ravi v. State of U.P.

Case brief

What is this about?

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Veer Vrat Alias Ravi v. State of U.P.

Case brief

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What did the court decide?

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