Court granted bail to Narendra Sharma in a cheating criminal case under IPC sections 420, 406, 323, 504, 506. The court relied on parity with a co-accused granted bail and reformative theory of punishment.
Bail granted conditioned with a personal bond with two sureties and specific directions to attend trial and not tamper with witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9037 of 2018
Applicant :- Narendra Sharma@ Bantu Pandit Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant and Sri Abhinav Prasad,learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Kalicharan has already been granted bail by this Court vide order dated 1.12.2017 passed in Criminal Misc. Bail Application No.47069 of 2017 , copy whereof has been annexed at Pages 18 & 19 of the affidavit filed in support of bail application and since the case of the applicant stands on identical footing of that co-accused, hence the applicant is also entitled for bail on the ground of parity. It has also been submitted that the applicant is languishing in jail since 24.1.2018. The applicant has no other criminal history to his credit.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Let the applicant Narendra Sharma@ Bantu Pandit involved in Case Crime No. 342 of 2017 under sections 420, 406, 323, 504, 506 I.P.C.,Police Station Banna Devi, District Aligarh 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 9.3.2018 Su
1 issue framed by the court
Whether the applicant entitled to bail considering the similarity of the case of co-accused already granted bail.
1 provisions across 1 enactments
Narendra Sharma@ Bantu Pandit
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
