Single judge allowed bail to Sagar Verma in a criminal case involving Sections 323 and 304 IPC. The court accepted the bail application after hearing counsel and noting the applicant had no criminal history.
Allowed the bail application; released the applicant on personal bond and two sureties subject to conditions regarding appearance at trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:152902
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56529 of 2022
Applicant :- Sagar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Dwivedi,Javed Alam,Pranshu Dwivedi,Rajiv Lochan Shukla,Virendra Kumar Jaiswal
Counsel for Opposite Party :- G.A.,Ajay Dubey,Kamlesh Kumar Dwivedi
Hon'ble Dr. Gautam Chowdhary,J.
is not named in the F.I.R. but his name came into light after seeing the C.C.T.V. footage installed at the Mandi. He further submits that no specific role has been assigned to the applicant and that nothing has been recovered from the possession of application to connect him commission of alleged offence. Learned counsel has drawn attention of this Court to the post mortem report, copy of which is annexed as Annexure-4 to the affidavit accompanying the bail application and has argued that no external injury was seen on the person of the deceased and the case of death has been reported as a shock due to myocardial infection. Learned counsel has further argued that the deceased was a heart patient due to which, his treatment was going on since long time at AIIMS, New Delhi and it appears that the deceased died due to heart attack, in support of his contention learned counsel has drawn attention of this Court Annexure-SA1 and SA2 to the supplementary affidavit wherein, the medical treatment and prescriptions of the deceased are annexed. He next argued that according to the version of F.I.R. prior to the incident, in the last month some altercation took place between the informant side and the coaccused Ashish and when the deceased died due to myocardial infection and taking undue advantage of the same, the informant has falsely implicated the applicant in the present case. It is thus argued that the applicant is innocent and has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.08.2022 having no criminal history.
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
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.
III. 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 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.
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 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.7.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving non-bailable offences IPC 323 and 304.
Whether pre-tria innocence can be adjudged for granting bail.
2 provisions across 1 enactments
Sagar Verma
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
