Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28173 of 2021 Applicant :- Sachin Sharma And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Akhilesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 186 of 2020 under Sections 384/34 IPC and Section 7(A) Prevention of Corruption Act (P.C. Act), Police Station - Najibabad, District - Bijnor with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicants is that applicants are quite innocent and have been falsely implicated in the present case. It is submitted that the present accused applicants deserve bail on the ground of parity with co-accused Mohd. Shakir as the role assigned to the present accused is similar to the role assigned to co- accused Mohd. Shakir, who has already been granted bail by this Court, vide bail order dated 02.08.2021, passed in Criminal Misc. Bail Application No. 28876 of 2021, a copy whereof submitted by learned counsel for the applicants is taken on record of this bail application. Lastly, it is argued that the applicants are in jail since 08.04.2021 and that in case the applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicants with co-accused Mohd. Shakir.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants Sachin Sharma and Harshvardhan involved in the aforesaid crime be released on bail on each of them furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 16.8.2021 LBY