Kaushal Sharma v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45561 of 2023 Applicant :- Kaushal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against four persons including the applicant. In the FIR, it is alleged that Amit has come to the shop of the informant and took away Rs.26,000/- kept in the cash box. As regards the applicant, he was sitting in the vehicle in question, by which, the main accused had fled along with money.

¶3It is argued by the Counsel for the applicant that no recovery was effected from the applicant. The applicant has no criminal antecedents and is in custody since 27.09.2023.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the nature of allegations levelled against the applicant and without there being any allegation of snatching of the amount by the applicant coupled with the fact that the applicant has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Kaushal Sharma be released on bail in FIR/ Case Crime No.679 of 2023, under Sections 392, 419, 504, 506, 411, 34 IPC, Police Station Khair, District Aligarh on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 30.10.2023 akverma High Court of Judicature at Allahabad