Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34688 of 2021 Applicant :- Harsh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder Affidavit filed today in this case is taken on record.
Heard Sri Alok Singh, learned counsel for the applicant, Sri Azad Singh, learned Brief Holder appearing on behalf of the State, and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to suspicion. The applicant is not named in the First Information Report. It is next submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. The entire prosecution story is improbable, far beyond the truth. There is no independent, impartial reliable witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. In fact recovery shown against the applicant is planted by the police personnel of the concerned Police Station. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further contended that alleged recovery has been made from the house of the co-accused namely Kuldeep. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that applicant previous criminal history of the applicant has been properly explained in paragraph 11 of the Rejoinder Affidavit filed in this case. It is lastly contended that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 22.05.2021, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Harsh Sharma, be released on bail in Case Crime No. 1957 of 2020,, under Sections - 420, 467, 468, 469, 470, 471, IPC and Section 66/D of the I.T. Act, Police Station- Indirapuram, District- Ghaziabad, on furnishing a personal bond and two sureties of Rupees Two Lakhs each (one should be of a family member) before the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.10.2021 ssm