Satish Kumar Sharma @ Raju v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13043 of 2023 Applicant :- Satish Kumar Sharma @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Upendra Prakash Pathak, learned counsel for the applicant, Smt Parul Kant, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.933 of 2022, under Sections 419, 420, 467, 468, 471, 120B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2022 against five persons, not including the applicant, stating that the informant's land was sold in favour of one of the co-accused persons, Raghvendra Kumar Mishra by some imposter. The applicant has been implicated in the present case on the basis of statement of one of the named accused persons, Dharmendra Kumar @ Sonu who stated that he and the applicant had constituted a firm and they were engaged in the business of dealing in land. He further stated that at the time of execution of the sale-deed he did not know that the sale deed was fake.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Applicant's involvement in 9 other cases of similar nature has been disclosed in the affidavit. Co-accused, Dharmendra Kumar @ Sonu has been granted bail by means of the order dated

05.04.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.1788 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Satish Kumar Sharma @ Raju be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 3.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench