Rajesh Sharma v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45379 of 2023 Applicant :- Rajesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Shashank Shekhar, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 679 of 2023 under Sections 392, 419, 504, 506, 411, 34/420 IPC, Police Station Kher, District Aligarh, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The allegation of taking away the money has been assigned to the co-accused Amit. No specific role has been assigned to the applicant. No recovery was affected from the applicant. It is next contended that identically placed co-accused Kaushal Sharma has been granted bail by this Court in Criminal Misc. Bail Application No. 45561 of 2023 vide order dated 30.10.2023. The applicant claims parity. The applicant is in jail since 27.09.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that at present there is no substantive evidence against the applicant. Identically placed co-accused Kaushal Sharma has been granted bail by this Court. The applicant has no criminal antecedents. Further, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Rajesh Sharma involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 Lbm/- High Court of Judicature at Allahabad