Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31676 of 2021 Applicant :- Kapil Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Samit Gopal,J.
Heard Sri Ajay Kumar Jagdish, learned counsel for the applicant, Sri Rakesh Kumar Srivastava, learned counsel for the first informant and Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kapil Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 100 of 2021, under Sections 504, 307, 302, 34 I.P.C., registered at Police Station Rabupura, District Gautam Buddh Nagar.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report but the role of firing upon the deceased is assigned to co-accused Subodh. It is argued that even therein it is mentioned that Subodh fired upon the first informant but the fire hit the deceased Parvesh who was a passer by and was not the intended target. It is further argued that the applicant is stated to be present with co- accused Subodh along with other two co-accused persons when the present incident took place. It is argued that the case of the applicant is distinguishable with that of co-accused Subodh who has been assigned the role of firing with a firearm due to which Pravesh died. He further argued that the applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 15.05.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is involved in the present case and had been present with co-accused Subodh when the incident took place.
After having heard learned counsels for the parties and perusing the records, it is evident that the role of firing has been assigned to co-accused Subodh. There is no role or overt act assigned to the applicant.
The case of the applicant is distinguishable with that of co- accused Subodh.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Kapil 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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 bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 M. ARIF (Samit Gopal, J.)