Mukesh Sharma v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44856 of 2023 Applicant :- Mukesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Kesharwani,Prakash Chandra Tripathi,Satyendra Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 794 of 2023, under Sections 379 & 411 I.P.C, Police Station-Kotwali Nagar, District-Bulandshahar, during pendency of the trial.

¶4Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the instant case. The applicant has neither theft any ornaments nor any ornaments has been recovered from the possession of the applicant, he has falsely been implicated in the present case due to political rivalry. The applicant is not named in the F.I.R. No independent witness have supported the prosecution story. There is only once case criminal history, which is shown in the affidavit.

¶5Learned counsel for the applicant has further contended that the co-accused Durgesh @ Mata, has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 47705 of 2023, vide order dated

08.11.2023. Copy of the bail order provided by the learned counsel for the applicant, is taken on record. The applicant claims parity. The applicant has no criminal history, he is in jail since 08.09.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶6Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶7Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶8Let the applicant, Mukesh Sharma, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court

¶9In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad