Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45108 of 2021 Applicant :- Kushal Sharma Opposite Party :- State Of U.P Counsel for Applicant :- Abhay Pratap Singh,Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is not named in the first information report, which was lodged against unknown persons alleging that four miscreants trespassed into the house of first informant and at the point of weapons, they have robbed Rs. 3 lakhs cash, three mobile phones, one golden chain, one pendent set. It has been further submitted that during investigation, applicant and co- accused persons were apprehended on the basis of some information from informer and that recovery of Rs. 10,000/-, one laptop bag having some clothes and cash Rs. 450/- and one mobile phone, was shown from the applicant. It has been submitted that the alleged cash, laptop, mobile phone belongs to applicant and nothing incriminating pertaining to this case was recovered from the applicant. It was stated that as per prosecution version, four miscreants were seen in the CCTV footage but applicant is not among them. Learned counsel submitted that there is no credible evidence against the applicant and no Test Identification Parade has been conducted. Lastly, it was submitted that the applicant is languishing in jail since 31.07.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that above stated recovery has been made from applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kushal Sharma involved in Case Crime No. 712 of 2021, under Sections 395, 342, 412, 120B and 34 IPC, P.S. Sector 58, Noida, District Gautam Budh Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.30 14:25:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad