Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8934 of 2017 Applicant :- Anand Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Kalp Nath Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Anand Sharma seeks bail in Case Crime No. 215 of 2016 under Sections 147, 148, 149, 342, 353, 332, 333, 307, 323, 336,308, 504, 506, 427, 364-A, 364, 368 IPC and Section 3/4 Prevention of Damages to Public Property Act, Police Station Cantt., District Varanasi, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against 106 inmates of the jail of District Jail Varanasi. The applicant who was languishing in jail was arrested on the same day implicating him in the present case. The other accused persons who are said to have been involved in the present case have already been enlarged on bail by another Bench of this court vide order dated 21.10.2016, 16.11.2016, 23.11.2016 and 06.12.2016. There is no independent witness to support the prosecution version. There are remote chances of trial being concluded in near future due to heavy docket. There is material inconsistency in the prosecution version. The applicant is absolutely innocent and is languishing in jail since 2.4.2016. In case the applicant is enlarged on bail he will not misuse the liberty of bail.
Per contra the learned A.G.A. has opposed the prayer for bail and has contended that the applicant is a habitual offender and is involved in number of cases. The innocence of the applicant cannot be adjudged at the pre trial stage. The prosecution version cannot be stifled at the very inception. In case the applicant is enlarged on bail he will again indulge in similar activities, therefore, the applicant does not deserve any indulgence of bail.
Without expressing any opinion on the merits, let the applicant Anand Sharma involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant