Allahabad High Court
Sharukh @ Bhura @ Bhurri vs State Of U.P. on 27 May, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46654 of 2021
Applicant :- Sharukh @ Bhura @ Bhurri
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar,Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
This is the second bail application moved on behalf of the applicant. The first bail application of the applicant was rejected vide order dated 05.02.2021 on the ground that during pendency of the first bail application, the applicant was not on bail in Case Crime No. 271 of 2020, under Sections 363, 366, 376D IPC and Sections 3/4 POCSO Act.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 506 of 2020, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, police station Koshi Kalan, district Mathura seeks enlargement on bail during the pendency of trial.
The main substratum of argument of learned counsel for the applicant is that in aforesaid Case Crime No. 271 of 2020, the applicant has been acquitted vide judgment and order dated 18.10.2021 of Additional Session Judge/Additional Special Court (POCSO Act), Court No. 1, Mathura in Session Trial No. 597 of 2020. It is also pointed out that similarly situated co-accused Washim has also been granted bail vide order dated 18.11.2020 passed in Criminal Misc. Bail Application No. 38439 of 2020, therefore, the applicant is entitled to be released on bail. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.07.2020 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties and the fact that the applicant has been acquitted in Case Crime No. 271 of 2020 by the trial Court and co-accused Washim has been granted bail, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant - Sharukh @ Bhura @ Bhurri 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned.
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. 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 :- 27.5.2022
Shubham
