Mithun Sharma vs State Of U.P.
2016 Latest Caselaw 6581 ALL

Citation : 2016 Latest Caselaw 6581 ALL
Judgement Date : 20 October, 2016

Allahabad High Court

Mithun Sharma vs State Of U.P. on 20 October, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35688 of 2016
 
Applicant :- Mithun Sharma
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sunil Kumar Misra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Vipin Sinha, J.

Heard learned counsel for the applicant and learned A. G. A. for the State.

Applicant has moved the present bail application under Section 439 of Cr.P.C, seeking bail in Case Crime No. 853 of 2016, under Sections 147, 148, 149, 307, 452, 323, 336, 506 I.P.C, Police Station - Majhola, District - Moradabad.

I have perused the prosecution story as set up in the F.I.R and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that though the applicant's name has been given in the First Information Report alongwith seven other persons and about 15 to 20 unknown persons and a general role has been assigned to the applicant. The reliance placed in the statement, which has been annexed at page 26, to the application, to the effect that applicant was assigned general role of assault with Lathi Danda alongwith three other persons. He lastly submitted that the applicant, who has no criminal antecedents to his credit, and is in jail since 28.08.2016, is entitled to be enlarged on bail during the pendency of his trial.

The bail application has been seriously opposed by learned A. G. A.

After due consideration of the medical and material evidence on record and without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.

The prayer for bail is granted. The application is allowed.

Let the applicant - Mithun Sharma be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 853 of 2016, under Sections 147, 148, 149, 307, 452, 323, 336, 506 I.P.C, Police Station - Majhola, District - Moradabad.

Order Date :- 20.10.2016

Vinod.