Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52568 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, who is involved in Case Crime No. 1007 of 2019, under Sections 392 and 411 IPC, police station Sector-39 Noida, district Gautam Budh Nagar, 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 14.9.2019 first information report of robbery was lodged against unknown person, and thereafter, on 21.9.2019 police apprehended three persons, namely David Sharma (present applicant), Rashid and Sadiq. Learned counsel for the applicant further submitted that a false and fabricated recovery of one country made pistol of 315 bore, one live cartridge of 315 bore, Rs. 28,000/- and one Real MI mobile phone have been shown from the applicant, David Sharma, and one knife, Rs. 28,000/- and two mobile phones have been shown from the possession of co-accused, Rashid and also from the possession of co-accused Sadiq recovery of one knife, Rs. 29,000/- and one mobile phone have been shown by the police. Thereafter, a separate first information report was registered against the applicant and other accused persons as Case Crime No. 1041 of 2019, under Sections 411 and 414 IPC, police station NOIDA Sector-39, district Gautam Buddh Nagr and the applicant has been robed in the present case. 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. It is also submitted that the applicant is facing detention since 22.9.2019. It is again submitted that prior to 21.9.2019 applicant was not having any criminal history to his credit. 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 A.G.A. 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 :- 28.11.2019 Sumaira