Allowed

Ajay Sharma v. State of U.P.

Allahabad HC5 Oct 2018BAIL/14319/2018

Case brief

AI extract

What is this about?

This single-bench judgment grants bail to an applicant appearing for immunity from arrest. The court relied on larger constitutional mandate rather than merits. Bail is granted with conditions and expedited trial direction.

What did the court decide?

The applicant Ajay Sharma to be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Ajay Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14319 of 2018

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Applicant :- Ajay Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by the learned counsel the applicant today in the Court is taken on record.

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Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

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Heard Sri Chandra Prakash Pandey, learned counsel for the applicant and Sri V.K. Singh, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there are cross version of the incident. Both sides have received injuries. The applicant has also received injuries. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 8.1.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the

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applicant Ajay Sharma involved in Case Crime No.1188 of 2017, under Sections 386, 307, 504, 506 I.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad 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.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 5.10.2018 Dev/-

Ajay Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Sharma v. State of U.P.

Case brief

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