Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10923 of 2018 Applicant :- Shivmani Sharma @ Raj Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri Abhinav Prasad,learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the first information report nor anything has been recovered from the possession of the applicant or his pointing out. It is further submitted that on the basis of confessional statement of co- accused, the applicant has been falsely roped in three cases, which have been properly explained in paragraph 11 of the affidavit filed in support of bail application.
It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Uttam Sharma has already been granted bail by this Court vide order dated 8.1.2018 passed in Criminal Misc. Bail Application No.522 of 2018, copy whereof has been annexed at Page Nos. 21 and 22 of the affidavit, filed in support of bail application and since the case of the applicant stands on identical footing of that co-accused, hence the applicant is also entitled for bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.1.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Shivmani Sharma @ Raj Sharma involved in Case Crime No.260 of 2017,under Section 392 I.P.C., Police Station Thariyaon, District Fatehpur be released on bail on his furnishing a personal bond (Rs. One Lac) with two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.3.2018 Su