Single judge granted bail to the applicant, Nageshwar Kumar Sharma, in a case under Sections 420, 406, 386, and 120-B IPC, subject to furnishing a personal bond and two sureties.
Released on bail by furnishing a personal bond and two sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17406 of 2018
Applicant :- Nageshwar Kumar Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.,Arvind Agrawal
Hon'ble Siddharth,J.
Heard Shri Kameshwar Singh, learned counsel for the applicant, learned AGA for the State and Shri Arvind Agrawal, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nageshwar Kumar Sharma with a prayer to release him on bail in Case Crime No. 171 of 2018, under Sections 420, 406, 386, 120-B IPC, Police Station Koshi Kalan , District- Mathura during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The main allegation has been made against the co-accused Yashpal, who has been granted bail today in Criminal Misc. Bail Application No. 24143 of 2018. The applicant is languishing in jail since 19.3.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Nageshwar Kumar Sharma
involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.8.2018 Atul kr. sri.
1 issue framed by the court
Whether the applicant is entitled to be released on bail during the pendency of the trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Nageshwar Kumar Sharma
State Of U.P.
Siddharth
As recorded by the court registry
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