Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47315 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, 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, not named in the FIR and has been falsely implicated in the present case due to ulterior motive. It is further contended that applicant is said to have been arrested along with four other accused persons and Rs.20,000/- and some ornaments are said to have been recovered from the possession of the applicant. It is next contended that recovery that has been made from the possession of the applicant is false and fabricated. There is no independent eye witness of the incident. 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 12.9.2017 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.802 of 2017, under Sections 394, 411 IPC, P.S. Kotwali Farrukhabad, 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