Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48057 of 2017 Applicant :- Amar Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Brijesh Sahai,Chandra Bhushan Verma Counsel for Opposite Party :- G.A.
Hon'ble Amar Singh Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
By means of this application, the applicant Amar Sharma who is involved in Case Crime No. 2775 of 2016, under Section 420, 467, 468, 471 I.P.C., P.S.
Sadar Bazar, District Shahjahanpur is seeking enlargement on bail during the trial.
This is the second bail application. First bail application being Criminal Misc. Bail Application No. 13838 of 2017 was rejected by this court vide order dated 30.5.2017.
Learned counsel for the applicant raised certain argument which were available to him at the time of argument of the first bail application and, therefore, cannot be considered in the second bail application. The new ground urged by learned counsel for the applicant that the applicant is ready to deposit the amount in question i.e. Rs. 8 lakhs to the complainant. The applicant is languishing in jail since 27.1.2017.
Learned A.G.A. for the State concede that the applicant is the student and appearing in the examination of of B.A.-II year and if he is ready to deposit the amount, he may be released on bail on proper sureties.
Having considered the submissions, the nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of witnesses being tampered and prima facie satisfaction of the Court, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Amar Sharma be released on bail but subject to prior deposit of amount in question i.e. Rs. 8 lakhs in all by way of D.D./Pay order, as the case may be, in the court concerned (payable in court's name), to be invested in a nationalized bank and ultimately paid to the person concerned i.e. Bank occasioned to wrongful loss on the satisfaction of court concerned in Case Crime No. 2775 of 2016, under Section 420, 467, 468, 471 I.P.C., P.S. Sadar Bazar, District Shahjahanpur, and further subject to the following conditions:
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
Order Date :- 23.3.2018 Prakhar