Kamlesh Sharma v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45745 of 2023 Applicant :- Kamlesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Amardeo 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.

¶2In terms of the FIR, four persons were apprehended and vehicles were recovered from joint possession and one of the co-accused has been enlarged on bail by the trial court itself.

¶3The criminal history of applicant has been duly explained.

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

¶5Considering the fact that one of the co-accuse has been enlarged on bail on the same allegation and the criminal history has been duly explained, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial 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 Kamlesh Sharma be released on bail in FIR/ Case Crime No. 227 of 2023, under Sections 379, 411, 413, 419, 420 IPC, P.S. Chandauli, District Chandauli, 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 :- 21.11.2023 S.A. High Court of Judicature at Allahabad