Rahul Sharma v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46360 of 2023 Applicant :- Rahul Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Rajendra Kumar Yadav, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C, 1973, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 292 of 2023, under Sections 323, 409 I.P.C, Police Station-Bisanda, District - Banda, during the pendency of trial.

¶3Counsel for the applicant submitted that the accused-applicant has been falsely implicated in the instant case due to mala-fide intention and illegal consideration. Learned counsel contended that there is undue delay in lodging the F.I.R. It is not in the knowledge of the applicant that any departmental proceeding has been initiated against him. It is further contended that Roadways Authority was not satisfied with the applicant due to some reason, therefore, after a gap of 27 days they have falsely implicated the applicant. The applicant has no criminal history in his credit. The applicant is in jail since

24.10.2023. 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.

5.. Having 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.

¶6Let the applicant-Rahul Sharma, involved in the aforesaid case crime 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;

(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 :- 22.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad