Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 267 of 2021 Applicant :- Aakash @ Chotu Sharma And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vijit Saxena,Kuldeep Saxena Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicants that the applicants are wholly innocent and they have been falsely implicated in the present case. It is further submitted that scuffle took place between the parties for which first F.I.R. has been lodged by the uncle of the applicants which was registered as Case Crime No. 0144 of 2020 under sections 147, 148, 149, 307, 504, 506 IPC in which applicant No. 2 has received head injury. As a counter blast, after two days, for the very same incident, an F.I.R. has been lodged against the applicants. It is next submitted that assuming it not admitting that scuffle took place between the parties, at this stage, it cannot be said that who is aggressor party. Further, two other co-accused, namely, Shubham Sharma and Nitish Sharma have been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application Nos. 9435 & 9439 of 2020. The applicants have no criminal history. It is further contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail and in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants- Aakash @ Chotu Sharma & Vikrant Sharma, involved in case crime No. 0145 of 2020, under Sections -147, 148, 149, 324, 326, 307, 504 and 506 IPC, police station - Niwadi, District -Ghaziabad be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 17:29:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
5. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicants 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 their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.1.2021 Sartaj