Allowed

Rajesh Sharma v. State of U.P.

Allahabad HC18 Jan 2021BAIL/3021/2021

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in a criminal case involving cheating and forgery, granting it subject to furnishing a personal bond and two sureties and complying with specific conditions regarding witness tampering and attendance.

What did the court decide?

Release on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

Rajesh Sharma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3021 of 2021

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Applicant :- Rajesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1094 of 2013, under Sections 420, 406, 467, 468, 471, 120B IPC, P.S. Sadar Bazar, District Shahjahanpur.

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Learned counsel for the applicant submits that applicant is not named in the FIR. During investigation name of the applicant surfaced. He further submits that applicant was also agent in the Company. He also submits that co-accused Jagdish Prasad, Ram Gopal and Ajay Pal have been enlarged on bail in Criminal Misc. Bail Application Nos. 23928, 18670 and 36946 of 2020 respectively. Therefore, applicant is entitled for bail on the ground of parity. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 17.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Rajesh Sharma involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will

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cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 18.1.2021 MAA/-

Rajesh Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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