Bail application filed by Aru @ Abhishek Sharma in a 307 IPC case. Court allowed bail subject to furnishing a personal bond and two local sureties, subject to standard conditions including attendance and no interference with evidence.
Released on bail upon furnishing a personal bond and two local sureties each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32345 of 2020
Applicant :- Aru @ Abhishek Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Srivastava,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. In the F.I.R., general role has been assigned to all the co-accused and the same version is also repeated in the statement of injured. As per medical report, injuries are simple in nature and further victim has been discharged from the hospital only after two days. It is next submitted that the applicant does not have any criminal history whereas informant is having criminal history of three cases. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 14.07.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Aru @ Abhishek Sharma, involved in case crime No. 472 of 2020, under Sections -307 IPC, police station -Sadar Bazar, District -Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.1.2021 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.05 17:05:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Aru @ Abhishek Sharma
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
