High Court of Allahabad allowed bail application filed by Ankit @ Goldi Sharma. Court found reasonable apprehension of tampering with witnesses and prima facie satisfaction of charge insufficient to deny bail despite severity of charges.
Applicant released on bail on executing personal bond and furnishing two sureties subject to specified conditions.
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. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6779 of 2021
Applicant :- Ankit @ Goldi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Singh,Shambhavi Nandan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is not named in the F.I.R. and the main cause of false implication is that accused happens to be real brother of the main accused Annu and main role has been assigned to co-accused Annu. The applicant has no role to play in the commission of the offence. The F.I.R. was lodged by the uncle of the victim and victim herself has been made accused in this case and in her statement recorded under Section - 161 Cr.P.C., she has not attributed any serious role against the applicant. The charge-sheet has also been submitted under Section - 457 I.P.C. and due to which the applicant filed another Criminal Misc. Bail Application No. 10651 of 2021 (Ankit @ Goldi Sharma vs. State of U.P. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 28.10.2020.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ankit @ Goldi Sharma involved in Case Crime No. 1766 of 2020, under Sections - 368, 328, 380, 411, 120B, 505(1)(B) I.P.C., Police Station - Indirapuram, District - Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 5.5.2021 / S Rawat
2 issues framed by the court
Whether the applicant, not named in the F.I.R. but implicated in the FIR, is entitled to bail.
Whether there is reasonable apprehension of tampering with witnesses or threat to the complainant to grant bail.
2 provisions across 1 enactments
Ankit @ Goldi Sharma
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
