Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14732 of 2021 Applicant :- Vikas Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Chandan Sharma,Abhishek Rai,Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A. through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Rajveer, Sumit Yadav @ Dimpal Yadav, Arvind Kumar Yadav, Varun Pratap Singh @ Deepak and Amanraj alias Vivek Yadav have been granted bail by another Bench of this Court vide orders dated 05.4.2021, 08.04.2021, 07.04.2021, 06.04.2021 passed in Criminal Misc.
Bail Application Nos. 13791 of 2021, 15127 of 2021, 14483 of 2021, 16424 of 2021 and 16048 of 2021. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal history. He is languishing in jail since 02.02.2021.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vikas Sharma involved in Case Crime No. 13 of 2021, under Sections 420, 467, 471, 120-B IPC and Section 66-D, 72 of Information Technology Act and Section 4/10 of U.P. Public Examinations (Prevention of Unfair Means) Act, P.S. Lohamandi, District Agra 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 subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / 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.
Order Date :- 12.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.12 14:06:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad