Allahabad High Court
Subodh Verma @ Deepak Kumar vs State Of U.P. on 10 April, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 1801 of 2020 Applicant :- Subodh Verma @ Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. The present bail application has been filed by the applicant in FIR No.452 of 2019, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Haidrabad, Lakhimpur Kheri.
2. Gang chart annexed with the FIR would disclose that provisions of Gangster Act against the accused-applicant have been invoked in following cases:-
"(i) FIR No.278 of 2019, under Sections 411/413/420 IPC, P.S. Haidrabad, Kheri;
(ii) FIR No.458 of 2019, under Sections 379/411 IPC, P.S. Haidrabad, Kheri;
(iii) FIR No.548 of 2019, under Sections 379/411/420 IPC, P.S. Kotwali Sadar, Kheri;;"
3. In all the cases, the accused-applicant has been enlarged on bail by the trial Court itself. Bail orders have been placed on record along with affidavit filed in support of the bail application.
4. Considering the facts and circumstances of the case, and the fact that the accused-applicant has been bailed out in all the cases, I find it to be a fit case for granting bail.
5. Let applicant, Subodh Verma @ Deepak Kumar be released on bail in the aforesaid case on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant(s) shall file an undertaking to the effect that he/she 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.
(ii) The applicant(s) shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant(s) misuses the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 174-A of the Indian Penal Code.
(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 absence of the applicant(s) 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/her in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.4.2020 prateek