Criminal Misc. Bail Application filed by Rahul Sharma challenging his arrest in a cheating case. The court, considering parity with a co-accused's bail and nature of allegations, allowed the bail application.
Bail allowed; release on personal bond and two sureties with conditions to not tamper with evidence, not harass witnesses, and appear for trial.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43989 of 2019
Applicant :- Rahul Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rahul Sharma in connection with Case Crime No.925 of 2019, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S. Sector 49, District Gautam Buddh Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is the employee of the company of the company and the entire allegations have been levelled against the directors of the company. He further submitted that no specific role of cheating has been assigned to the applicant except giving training. He submitted that the co-accused Vishal has been admitted to the concession of bail by another Bench of this Court by order dated 19.10.2019 passed in Criminal Misc. Bail Application No.43233 of 2019. He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 13.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Vishal has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rahul Sharma involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence
of which the applicant is accused, or suspected of the commission; v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.10.2019 R./
1 issue framed by the court
Whether the bail application made by Rahul Sharma under Sections 406, 420, 467, 468, 471, 120-B I.P.C. should be allowed.
Rahul Sharma
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
