Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9933 of 2021 Applicant :- Monu Sharma And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Pratap Singh,Sanjeev Kumar Sharma,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Yogesh Kumar Srivastava, holding brief of Sri Sunil Kumar Yadav as well as Sri Vijay Pratap Singh, learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicants are innocent and have not committed present offence. They have been falsely implicated in this case. They are not named in the F.I.R. Their name came to surface in the confessional statement of the co-accused made before the police. Nothing has been recovered from the possession of the applicants to connect them with this matter. Motive suggested by the prosecution is also not against the applicants. Recovery said to have been made in the matter is also against co-accused Balbir. Thus, referring to the entire evidence, it is further argued that it is a case of no evidence against the applicant, who are languishing in jail since 20.7.2020 having no criminal antecedents. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the 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 applicants Monu Sharma and Gullu involved in Case Crime No.138 of 2020 under Sections 302, 34 IPC, Police Station Rabupura, District - Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
4. The applicants 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 19.8.2021 ss