Single Judge allowed bail to applicant Dev Ashish Sharma in a case under Sections 420, 406, 467, 468, 471 IPC, citing prima facie satisfaction and reasonable apprehension of tampering as grounds, despite opposition by the State.
Release of the applicant on personal bond and two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42586 of 2018
Applicant :- Dev Ashish Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Deepanshu Shrivastava,Ajay Yadav,Ramesh Kumar,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. A petty amount of Rs.2904/- has been deliberately imputed against the applicant, which the applicant is ready to handover to the informant. The applicant is not agent of IFFCO TYKIYO General Insurance Company. The applicant does not bear any criminal history and is languishing in jail since 06.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Dev Ashish Sharma involved in Case Crime No.4257 of 2009, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Kotwali, District Lalitpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 12.12.2018
rkg
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 420, 406, 467, 468, 471 IPC.
Dev Ashish Sharma
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
