Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56208 of 2019 Applicant :- David Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant David Sharma, who is involved in Case Crime No. 1423 of 2019, under sections 392, 411 IPC, police station Sihani Gate, district Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 12.09.2019, first information report of robbery was lodged against unknown person. Thereafter, on 21.09.2019, police apprehended three persons, namely, Sadiq, Rashid and David Sharma, (present applicant) showing a recovery of an amount of Rs. 4,000/- (rupees four thousand only) and one ring from their joint possession. Later on, the applicant has been implicated in Case Crime No. 1041 of 2019, under sections 392 and 401 IPC, in which he has been enlarged on bail vide order dated 28.11.2019 by the Sessions Judge, Gautam Budh Nagar. It is further submitted that the applicant has also been implicated in three other criminal cases, being Case Crime No. 1007 of 2019, 723 of 2019, 1034 of 2019, in which also the applicant is on bail. It is also submitted that prior to 21.09.2019, the applicant was not having any criminal antecedent to his credit. In the present case, the applicant is facing detention since 01.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant David Sharma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.12.2019 Sazia