Allowed

Sharda Prasad Sharma v. State of U.P.

Allahabad HC17 Jan 2019BAIL/2219/2019

Case brief

AI extract

What is this about?

In a bail application, the High Court allowed the inmate to be released on bail. The applicant was falsely implicated in an FIR alleging death due to wrong treatment. The Court found him innocent, with no prior criminal history, and suitable for bail.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to conditions of not tampering with evidence or witnesses and appearing in court.

Sharda Prasad Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2219 of 2019

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Applicant :- Sharda Prasad Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard Sri Atul Kumar Shahi, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against Dr. C.K. Sharma and one unknown person alleging that on 21.9.2018 due to wrong treatment Rajani Devi (wife of complainant) died. During investigation, it was found that the original doctor is applicant and the name of Dr. C.K. Sharma was wrongly shown in the F.I.R.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no intention of knowledge to kill the deceased. Applicant was not named in the F.I.R. During investigation, the name of the applicant was surfaced. Incident was done accidentally. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 24.9.2018 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Sharda Prasad Sharma involved in Case Crime No. 443 of 2018, under Sections 304, 419, 420 IPC & Section 15(3) Indian Medical Council Act, Police Station Kotwali Padrauna, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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.

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

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Order Date :- 17.1.2019

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A. Singh

Sharda Prasad Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharda Prasad Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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