Allowed

Amar Verma @ Badal Verma v. State of U.P.

Allahabad HC13 Oct 2022BAIL/9904/2019

Case brief

AI extract

What is this about?

This single-judge High Court granted bail to Amar Verma @ Badal Verma in a murder-related offence (Section 326-A IPC), emphasizing Article 21 of the Constitution and citing Dataram Singh. The court imposed standard attendance and conduct conditions and directed expedited trial.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding attendance, no adjournments, and participation in trial stages.

Amar Verma @ Badal Verma 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. - 9904 of 2019

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Applicant :- Amar Verma @ Badal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Srivastava,Siya Ram Verma

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Mr. Dinesh Kumar Srivastava, learned counsel for the applicant, learned counsel for the informant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is no independent witness of the alleged incident. Applicant was neither apprehended on the spot nor any incriminating articles have been recovered from his possession or on his pointing out. Some transaction dispute arose between the parties due to which, the present case has been slapped against the applicant. 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 the applicant is languishing in jail since 06.10.2017. Applicant has no 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, Amar Verma @ Badal Verma involved in

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Case Crime No. 172 of 2017 under Sections 326-A I.P.C., Police Station Muththiganj, District Allahabad (Prayagraj) 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, (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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Order Date :- 13.10.2022/A. Mandhani

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Digitally signed by ABHISHEK MANDHANI Date: 2022.10.14 13:02:19 IST Reason: Location: High Court of Judicature at Allahabad

Amar Verma @ Badal Verma v. State of U.P.

Case brief

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Amar Verma @ Badal Verma v. State of U.P.

Case brief

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