Allahabad High Court
Rajesh Sharma @ Rajveer Singh vs State Of U.P. on 22 November, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50743 of 2019 Applicant :- Rajesh Sharma @ Rajveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 707 of 2019, under Sections 380, 411 IPC, P.S. Etmadaula, District- Agra, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 16.09.2019 FIR was lodged against unknown person. Thereafter, on 20.09.2019, the case property of this case was alleged to have been recovered from the pointing out of the present applicant. It is further submitted that false recovery has been shown from the possession of the applicant. The applicant has criminal history of six case including the present case and in five cases, the applicant has been granted bail. The applicant is languishing in jail since 20.09.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajesh Sharma @ Rajveer Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 22.11.2019 AK Pandey