Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14225 of 2017 Applicant :- Sanjai Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Sanjai Sharma seeks bail in Case Crime No. 949 of 2016, (S.T. No. 181 of 2016), under Sections 147/148/149/307/504/506 IPC, Police Station Kotwali, District Shahjahanpur, during the pendency of trial.
It is submitted by the learned counsel for the applicant that according to the first information report, the applicant is said to have fired at Manoj who has suffered injury over his abdomen. The statement of the injured Manoj is inconsistent with the medical report. The applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. The co-accused, Ranu Gupta, has already been enlarged on bail by this Court vide order dated 13.04.2017. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 16.04.2016 who is not a previous convict deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Sanjai Sharma involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant