Himanshu Sharma v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47682 of 2023 Applicant :- Himanshu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.141 of 2023 under sections 34, 419, 420, 467, 468, 471, 140, 171, 120-B IPC, P.S. Swaroop Nagar, District Kanpur Nagar.

¶3In terms of the FIR, it was alleged that the applicant had enticed and promised to get the informant admitted to the territorial army and had enticed six to eight thousand rupees and in the name of training, getting training as a 'security duty'.

¶4Considering the fact apart from the statement, prima-facie, no material is available on record to substantiate the averments made in the FIR coupled with the fact that the applicant has no criminal history, the applicant is entitled for the bail. Thus the bail application is allowed.

¶5Let the applicant Himanshu Sharma be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 8.11.2023 VNP/- High Court of Judicature at Allahabad