Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51439 of 2021 Applicant :- Kapil Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today. Taken on record.
2. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Kapil Sharma, with a prayer to release him on bail in Case Crime No. - 143 of 2021, under Sections - 272, 273, 304, 420, 467, 468, 471, 120-B I.P.C. and Section 60(A) of Excise Act, Police Station - Gabhana, District - Aligarh, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 28.05.2021, the applicant is in confinement since 29.05.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) as to criminal history of two cases, it has been submitted, the same has been explained;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant was not named in the FIR. He was also under arrest in another case on the date of occurrence. Occasioned by that solely on the custodial confessional statement of the co-accused Anil Chaudhary and Narendra, the applicant has been falsely implicated. There are no recoveries attributed to the applicant;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Abhilash