Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15139 of 2017 Applicant :- Tarun Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar,Ronak Chaturvedi,Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State and perused the record.
It is contended by learned counsel for the applicant is 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 has no concern with the alleged incident. It is further contended that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. 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 is next contended that the criminal history of the applicant has been properly explained in paragraph 10 and 11 of the affidavit, filed in support of bail application. It has also been submitted that the applicant is languishing in jail since 16.2.2016.
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 Tarun Sharma involved in Case Crime No.285C of 2014, under sections 420,467, 468,471,120-B, 409 I.P.C., Police Station Fatehpur, District Saharanpur 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 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