The court granted bail to Amit Sharma, accused of offences under Sections 354-A, 354-C, 354-D, 504, 506, 507, 376 IPC for a case at Varanasi, noting it a fit case despite the A.G.A.'s opposition.
Release of applicant on personal bond and two reliable sureties to the satisfaction of the court concerned with specific conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8409 of 2021
Applicant :- Amit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Amit Sharma, who is involved in Case Crime No. 629 of 2020, under Sections 354-A, 354-C, 354-D, 504, 506, 507, 376 I.P.C. P.S.- Shivpur, District- Varanasi.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that no specific date of occurrence has been shown but in fact victim was a consenting party. The dispute between the parties has also been settled and both accused and victim are going to get married. The applicant is in jail since 08.11.2020. The applicant has no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail and conceded that the accused and victim, both are ready to get married.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Amit Sharma , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution
witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 23.2.2021 Prajapati
1 issue framed by the court
Whether the applicant is a fit case for bail in the present case.
Amit Sharma
Subhash Chand
Prajapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
