Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47312 of 2017 Applicant :- Atul Sharma @ Mahalu Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case by the police. It is further contended that the allegations levelled against the applicant are false and fabricated. It is further contended that similarly situated co- accused namely Laxman Gupta, Gagan Verma and Neeraj Kashyap have been granted bail by another Benches of this Court passed in Criminal Misc. Applications No.44156, 44154 and 44159 of 2017 vide order dated 14.11.2017 and 23.11.2017 respectively. It is lastly contended that applicant is not a previous convict and there are no chances of the applicant fleeing away from the judicial process or of his tampering with the prosecution evidence. Applicant is languishing in jail since 22.9.2017 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that a prima-facie case for bail is made out.
Let the applicant Atul Sharma @ Mahalu be released on bail in Case Crime No.522 of 2017, under Sections 399, 402 IPC, P.S. Kotwali Fatehgarh, District Farrukhabad on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.3.2018 Rishabh