Allowed

Rajendra Sharma @ Lala v. State of U.P.

Allahabad HC13 May 2022BAIL/11936/2022

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court disposed of a bail application filed by Rajendra Sharma. The court granted bail citing parity with co-accused and lack of risk of absconding, imposing standard conditions.

What did the court decide?

Released on bail on personal bond and two sureties with conditions to remain present in court, not tamper with evidence, and cooperate in trial disposal.

Rajendra Sharma @ Lala Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11936 of 2022

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Applicant :- Rajendra Sharma @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Shri Avdhesh Narayan Tiwari, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 187 of 2021, under Sections 395, 412, 201 IPC, Police Station-Madhogarh, District Jalaun.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the allegations made against the accused-applicant are similar and identical to the co-accused Suraj Singh Rajawat and Bhure Singh, who have already been released on bail by this Court vide orders dated 11.02.2022 & 21.01.2022 passed in Criminal Misc. Bail Application Nos.2454 of 2022 & 2206 of 2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 30.10.2021.

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Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant - Rajendra Sharma @ Lala be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 13.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.13 16:17:03 IST Reason: Location: High Court of Judicature at Allahabad

Rajendra Sharma @ Lala v. State of U.P.

Case brief

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Rajendra Sharma @ Lala v. State of U.P.

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