Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40429 of 2021 Applicant :- Shyam Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Rajnish Dubey 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 material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.62 of 2020, under Sections 392, 411, 120B I.P.C., Police Station- Simbhawali, District- Hapur.
Learned counsel for the applicant contended that F.I.R. was lodged in the name of two unknown on 05.03.2020 regarding incident of loot dated 05.03.2020. Accused/applicant was arrested by the police on 07.05.2020 in another case at police station- Simbhawali and false recovery of Rs.25,000/- has been shown from his possession. Learned counsel further contended that co-accused Shailendra @ Shailee with identical case who was arrested with the accused/applicant on 07.05.2020 has been granted bail by the Co-ordinate Bench of this Court vide order dated in Criminal Misc. Bail Application No.8956 of 2021 25.10.2021. Learned counsel for the applicant contended that criminal history of the applicant has been explained in para 16 of the affidavit. Accused/applicant is on bail in almost all the cases which are triable by the Magistrate. The applicant who is in jail since 07.05.2020 undertakes that she 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.
Learned A.G.A. submitted that the incident of loot has happened on 05.03.2020 in which Rs.2,50,000/- was looted. Rs.25,000/- in cash has been recovery from the possession of the accused/applicant. Recovery cannot be planted. The accused-applicant has long criminal history, on the aforesaid, learned A.G.A. opposed the bail application.
The alleged recovery of Rs.25,000/- in cash has been made after two months of the incident. Considering the rival contentions of the parties, allegations made in the F.I.R. and fact that co-
accused with identical case has been enlarged on bail, the material on record, nature of offence, evidence, all attending circumstances of the case in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Shyam Sharma involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant 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 his bail and proceed against him in accordance with law.
Order Date :- 20.12.2021// Krishna*