Dheeraj Sharma vs State Of U.P.
2019 Latest Caselaw 3363 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16548 of 2019
 

 
Applicant :- Dheeraj Sharma
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashish Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against Sonu @ Siraj Ahmad and Parvez Alam and two unknown. The name of the applicant came into light in the statements of Kuldeep Kesari and Ajay Kesari after 20 days of the alleged incident. The allegation of hatching conspiracy has been levelled against the applicant. In fact, the applicant has no concern with the alleged incident. He has falsely been implicated in the present case. It has further been submitted that co-accused Sanu @ Vakeel having identical role has already been released on bail by another bench of this court vide order dated 23.1.2019 in Criminal Misc. Bail Application No. 1886 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. It has further been submitted that after the alleged incident the applicant has falsely been implicated in the case of gangster act. There is no previous criminal history of the applicant and he is in jail since 15.5.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Sanu @ Vakeel having identical role has already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Dheeraj Sharma involved in Case Crime No. 132 of 2018, under section 302, 307, 120B, 34 IPC and 7 Criminal Law Amendment Act, P.S. Phoolpur, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 23.4.2019

Masarrat