Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10964 of 2018 Applicant :- Ashish Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Sudhir Kumar Pathak, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the joint possession of the applicant and 8 other co- accused, which is planted. It is further submitted that there is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 05.08.2017. It is further submitted that the criminal history of the applicant has properly been explained in para 7 of the affidavit filed in support of bail application.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and 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 Ashish Sharma involved in Case Crime No. 271 of 2015, under Section 379, 411 I.P.C., Police Station Tajganj, District Agra be released on bail on his furnishing a personal bond (Rs. 50,000/-) with two sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.3.2018 Arti