Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7805 of 2018 Applicant :- Chiranji Lal Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Bhushan Shukla,Prem Shankar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Chiraunji Lal Sharma and two unknown persons alleging that on 13.01.2017 they made indiscriminate firing on the injured Sashi Devi and Ashok Sharma and they have received firearm injury; the injured Ashok Sharma has received injury on his leg.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; injured Ashok Sharma and Sashi Sharma in their statement stated that accused Vijay Sharma and Abhinandan Sharma have caused gunshot injury on them; no offence under Section 307 I.P.C. is made out against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 15.01.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Chiranji Lal Sharma involved in the Case Crime No. 151 of 2017, under Sections 307, 452, 427, 120B I.P.C., P.S. Quarsi, District Aligarh 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 A. Tripathi