Allowed

Udayveer Sharma@ Gullu Sharma v. State of U.P. and 2 Others

Allahabad HC14 Feb 2022ABAIL/993/2022

Case brief

AI extract

What is this about?

This verdict grants anticipatory bail to an applicant apprehending arrest under IPC Sections 420, 467, 468, 471, 406, and 464. The court allowed the application without observing on merits, imposing standard conditions regarding court attendance, evidence tampering, and leaving the country, citing jail overcrowding due to the pandemic.

What did the court decide?

Anticipatory bail granted in Case Crime No.1444 of 2014 subject to furnishing a personal bond with two sureties and specific conditions.

Udayveer Sharma@ Gullu Sharma Vs State of U.P. and 2… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 993 of 2022

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Applicant :- Udayveer Sharma@ Gullu Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga,Manava Nand Chaurasiya Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Amit Daga, learned counsel assisted by Shri Manava Nand Chaurasiya, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.

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The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No.1444 of 2014 under Sections 420, 467, 468, 471, 406 and 464 IPC, Police Station-Sector20 Noida, District-Gautam Buddh Nagar.

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Shri Amit Daga, learned counsel assisted by Shri Nanava Nand Chaurasiya, learned counsel for the applicant contends that the applicant has been falsely implicated in the case. The F.I.R. was lodged on 10.10.2014. A charge-sheet was filed against various principal offenders including one Josh B. Philip and Paya Pillai. The applicant was not nominated as an accused in the aforesaid charge-sheet. The aforesaid principal offenders assailed the aforesaid charge by taking out proceedings under Section 482 Cr.P.C. before this

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Court which came to be registered as Application U/S 482 Cr.P.C. No.34353 of 2017. The aforesaid application under Section 482 Cr.P.C. are pending consideration and interim protection has been granted to the principal offenders by this Court. The applicant though not named in the chargesheet is apprehending arrest by the police authorities on account of malafide considerations. Apart from the instant case the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on

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behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.

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The applicant-Udayveer Sharma @ Gullu Sharma is granted anticipatory bail in Case Crime No.1444 of 2014 under Sections 420, 467, 468, 471, 406 and 464 IPC, Police Station-Sector-20 Noida, DistrictGautam Buddh Nagar, till the submission of the charge-sheet on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall attend the Court proceedings as and when required.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the

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previous permission of the court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.

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In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P., who shall ensure the compliance of present order.

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Order Date :- 14.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.15 13:54:01 IST Reason: Location: High Court of Judicature at Allahabad

Udayveer Sharma@ Gullu Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Udayveer Sharma@ Gullu Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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