Allahabad High Court
Akash Sharma vs State Of U.P. on 13 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18721 of 2019
Applicant :- Akash Sharma
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
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 applicant is not named in the FIR. The name of applicant came into light on the basis of call detail. According to prosecution case, prior to this incident the applicant has made a telephonic call to the deceased. It has further been submitted that in fact, the applicant is employee of one Gyanendra Indauliya and the applicant was working in the workshop of Gyanendra Indauliya. Gyanendra Indauliya told to the applicant to bring one auto to send some luggage to another place. At this the applicant contacted the deceased and told to the deceased to bring his auto at the workshop of co-accused Gyanendra Indauliya. Except this the applicant has no concern with the alleged incident. The applicant had not got recovered the auto as well as part of engine of auto of the deceased. The recovery of engine of auto of the deceased has been shown from the workshop of co-accused Gyanendra Indauliya and the chesis and body of tempo of deceased is said to be recovered on the pointing out of co-accused Gyanendra Indauliya. The applicant has no concern with the alleged incident. The criminal history of the applicant has been explained in para 3 and 4 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 24.1.2019.
Per contra; learned A.G.A. has opposed the prayer for 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 Akash Sharma involved in Case Crime No. 37 of 2019, under section 394, 302, 411, 201 IPC, P.S. Jagdishpura, District Agra 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 :- 13.5.2019
Masarrat
