Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6779 of 2021 Applicant :- Ankit @ Goldi Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Singh,Shambhavi Nandan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is not named in the F.I.R. and the main cause of false implication is that accused happens to be real brother of the main accused Annu and main role has been assigned to co-accused Annu. The applicant has no role to play in the commission of the offence. The F.I.R. was lodged by the uncle of the victim and victim herself has been made accused in this case and in her statement recorded under Section - 161 Cr.P.C., she has not attributed any serious role against the applicant. The charge-sheet has also been submitted under Section - 457 I.P.C. and due to which the applicant filed another Criminal Misc. Bail Application No. 10651 of 2021 (Ankit @ Goldi Sharma vs. State of U.P. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 28.10.2020.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ankit @ Goldi Sharma involved in Case Crime No. 1766 of 2020, under Sections - 368, 328, 380, 411, 120B, 505(1)(B) I.P.C., Police Station - Indirapuram, District - Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 5.5.2021 / S Rawat