Single judge bench admitted bail to applicant Sanjay Sharma accused in a murder case involving grievous hurt and attempt to murder, relying on the lack of direct evidence and false implication.
Bail granted with a personal bond and two sureties subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing for trial.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48211 of 2019
Applicant : - Sanjay Sharma Opposite Party : - State of U.P. Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party : - G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that applicant is not named in the FIR. FIR was lodged against the unknown. Injured Noor Alam has not disclosed the name of the applicant. The name of the applicant came into light in the confessional statement of co-accused Pawan. Except confessional statement of the above named co-accused, there is no other cogent evidence against the applicant to connect him with the alleged crime. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has been further submitted that applicant has not committed the alleged offence. He has falsely been implicated in the present case. There is no criminal history of the applicant and he is in jail since 09.09.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sanjay Sharma involved in Case Crime No. 93 of 2019, under Section 302, 394, 307 and 201 IPC Police Station Punchh District Jhansi 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;
1.The applicant will not tamper with the evidences.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 14.11.2019
PKC
2 issues framed by the court
Whether the applicant Sanjay Sharma is eligible for bail despite being involved in a case for murder, voluntarily causing grievous hurt, attempt to murder, and always giving false evidence.
Whether the allegation of false implication counters the offence amounting to murder and discharge from the scene of crime.
4 provisions across 4 enactments
Sanjay Sharma
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bachchoo Lal
Parties & counsel
