Allowed

Ashish Sharma @ Sandeep Sharma v. State of U.P.

Allahabad HC24 Sept 2020BAIL/6727/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 6727 of 2020, the Court released the applicant on bail in pending trial for offences including cheating and forgery, citing Article 21 and precedent, subject to personal bond and specific conditions.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions including verification of court order.

Ashish Sharma @ Sandeep Sharma Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6727 of 2020

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Applicant :- Ashish Sharma @ Sandeep Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vishwa Ratna Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Counter affidavit filed by learned AGA is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Ashish Sharma @ Sandeep Sharma, with a prayer to release him on bail in Case Crime No. 697 of 2019, under Sections 420, 467, 468, 471 IPC and 66D of Information Technology Act, Police Station Ghatampur, District- Kanpur Nagar during pendency of trial.

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There is allegation against unknown persons regarding fraudulent transaction of Rs.9200 from Axis Bank Account of informant. Applicant was not named in the first information report. He has been falsely implicated in this case. After being implicated in this case he has been implicated in case crime no.0967 of 2019, which was a case of similar nature and has been enlarged on bail today vide Criminal Misc. Bail Application No.7177 of 2020. He is in jail since 20.11.2019.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely

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without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 24.9.2020 SS

Ashish Sharma @ Sandeep Sharma v. State of U.P.

Case brief

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What did the court decide?

Ashish Sharma @ Sandeep Sharma v. State of U.P.

Case brief

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