Allowed

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

Allahabad HC24 Sept 2020BAIL/7177/2020

Case brief

AI extract

What is this about?

Application for bail in an IPC case involving cyber fraud. The single judge ordered bail subject to personal bond and two sureties, with a specific condition regarding sureties waiving until the resumption of normal court functioning.

What did the court decide?

Bail released on personal bond and two sureties (conditional on court functioning), subject to specific attendance and conduct conditions.

Ashish Sharma @ Sandeep Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7177 of 2020

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Applicant :- Ashish Sharma @ Sandeep Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vishwa Ratna Dwivedi,Birendra Singh,Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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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. 0967 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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Allegation in the first information report is against unknown accused persons regarding withdrawal of money from the bank account of the informant.

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Learned counsel for the applicant has submitted that his mobile EMI number was used in the alleged transaction by co-accused, Rahul Kumar Sharma, who has already been enlarged on bail vide Criminal Misc. Bail Application No.25940 of 2020. Applicant has been falsely implicated in this case. He is in jail since 20.11.2019 and has no criminal history to his credit.

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

Case brief

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