Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44899 of 2021 Applicant :- Raja Sharma @ Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the incident is of 31.10.2018 of which the FIR was lodged in unknown on 1.11.2018 while accused has been arrested on 14.2.2021 in a false police encounter case and has been falsely implicated in this case and some other criminal cases. The whole exercise has been done in a very doubtful manner just to show some good work. The criminal history of the applicant has been explained in para 7 of the affidavit. The applicant who is in jail since 15.2.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that arrest has been affected after 3 years of the incident.
Considering the rival submissions of the parties, nature of offence, severity of punishment and all other attending circumstances, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant Raja Sharma @ Raj Kumar involved in Case Crime No. 301 of 2018, under section 394 IPC, P.S. Barahan, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
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 made a declaration of such verification in writing.
Order Date :- 28.10.2021 Masarrat