Allowed

Virendra Kumar Sharma Alias Mithuwa v. State of U.P.

Allahabad HC1 Jun 2020BAIL/6952/2020

Case brief

AI extract

What is this about?

In chambers, the Hon'ble Court dismissed technical objections to hearing the bail application via video conference to ensure justice. The court allowed the bail application for the applicant sought release on bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amounts, subject to specific conditions.

Virendra Kumar Sharma Alias Mithuwa Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6952 of 2020

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Applicant :- Virendra Kumar Sharma Alias Mithuwa Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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The matter has been placed today in the fresh list, in Chambers.

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Heard Sri Ghanshyam Kumar, learned AGA for the State through video-conferencing and Sri Hemant Sharma, learned counsel for the applicant, through his registered Mobile No-9761345222 connected to the video conference through speaker phone function. All counsel could hear each other. Such an adjustment had to be made in the interest of justice as despite repeated efforts, Sri Hemant Sharma could not join the video conference. Procedures remain handmaids of justice. Unless such modified course had been adopted, hearing could not have been held today, rendering administration of justice subservient to technicalities. In any case, no counsel had any objection to the procedure thus adopted.

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The instant bail application has been filed on behalf of the applicant - Virendra Kumar Sharma Alias Mithuwa with a prayer to release him on bail in Case Crime No.532 of 2019, under Section-2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station-Jahangirabad, District-Bulandshahr , during pendency of trial.

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At the outset, it has been stated that the applicant is involved in two criminal cases being Case Crime Nos.169 of 2019 and 149 of 2019. It is stated that the applicant has been falsely implicated. Further, perusal of paragraph no.4 of the affidavit filed in support of the present bail application reveals that the applicant has been already enlarged on bail in the aforesaid cases. However, he is languishing in jail since 24.01.2020.

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In view of the above, without expressing any opinion on the final 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

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following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) 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, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 1.6.2020 Shubham

Virendra Kumar Sharma Alias Mithuwa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Virendra Kumar Sharma Alias Mithuwa v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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