Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6291 of 2018 Applicant :- Tarun Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhanshu Srivastava,A/U0141 Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A. G. A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated due to ulterior motive and he has committed no offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which according to the counsel led to the false implication of accused has also been touched upon at length. It has further been argued that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. 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 16.2.2016. The applicant has no other reported criminal antecedent. At last, he prayed that the applicant may be enlarged on bail.
Learned A. G. A. opposed the prayer for bail.
Considering the nature of accusation and severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tampering of the witness and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, 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.94 of 2015, under Sections 420, 467, 468, 471, 409 and 120 B IPC, P. S. 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 :-
(i) The applicant will continue to attend and cooperate in the trial pending before the Court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge into 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 Court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018
Manish Himwan