Anuj Sharma v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47320 of 2023 Applicant :- Anuj Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal,Jagdish Singh Counsel for Opposite Party :- G.A.,Avadh Pratap Singh Shishodia Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and Sri Avadh Pratap Singh, learned Counsel appearing on behalf of the complainant and perused the record.

¶2The FIR in question was lodged alleging that the applicant had given certain amount of money for going abroad. The total amount is said to have been Rs.2,40,000/-.

¶3The Counsel for the applicant argues that on account of certain problems, which were beyond his control, the applicant failed to provide ticket and other arrangements. He undertakes that the applicant will pay the entire amount of Rs.2,40,000/- within 15 days from the date of release, to which the Counsel for the informant has no objection.

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

¶5Considering the fact that the applicant is in custody since

08.08.2023 and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Anuj Sharma be released on bail in FIR/ Case Crime No.10 of 2023, under Sections 420, 406, 467, 468, 471 IPC, Police Station Shalimar Garden, District Ghaziabad on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each along with undertaking as stated above 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.

(d) The applicant shall pay Rs.2,40,00/- within 15 days from the date of release though RTGS to the informant, failing which, the applicant shall surrender before the appropriate Court. To further clarify that the amount shall be paid on or before 10.12.2023. In case of default, the applicant shall surrender before the trial Court on 11.12.2023. Order Date :- 6.11.2023 akverma High Court of Judicature at Allahabad