Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11234 of 2021 Applicant :- Vishal Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that applicant has no concern with the present matter. Applicant has not prepared any forged documents. He has been falsely implicated in this case. It is further argued that co-accused Mahesh Kumar and Ishu @ Ankur Nehra have been granted bail by coordinate Benches of this Court vide orders dated 3.11.2020 and 28.1.2021 passed in Criminal Misc. Bail Applications No.35729 of 2020 and 43502 of 2020. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. He is languishing in jail since 19.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Vishal Sharma involved in Case Crime No.617 of 2020, under Sections 420, 467, 468, 471, 506, 120-B I.P.C., Police Station Modi Nagar, District Ghaziabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 tamper 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 self-attested 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 :- 11.5.2021 / ss