Allowed

Kapil Sharma v. State of U.P.

Allahabad HC11 Apr 2022BAIL/15057/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Kapil Sharma prosecuted under the Electricity Act, 2003. The court held the applicant was falsely implicated and entitled to bail without adjudicating on the merits of the charge.

What did the court decide?

The applicant Kapil Sharma was released on bail on furnishing a personal bond and two sureties each with liberty to prosecute on breach of conditions.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15057 of 2022

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Applicant :- Kapil Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.09 of 2022 at Police Station Thana Bhawan District Shamli under Sections 136/ 137 The Electricity Act, 2003. The applicant is in jail since 19.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Karana, Shamli on 01.02.2022.

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Shri Chandra Bhushan Prasad, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the FIR. The applicant was named in the statements of co-accused before the police authorities. The said statements insofar as they implicate the applicant are unreliable. Recovered electric coils were planted in the godown of the applicant to burnish the credentials of police investigators. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence. Explaining the criminal history of the applicant learned counsel for the applicant contends that being

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from economically weaker section of the society the applicant has become an easy scapegoat for the police authorities who have falsely implicated the applicant in the said cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not relate to heinous crimes and have no bearing on this bail application. The applicant is not a flight risk.

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Shri Narendra Kumar Tiwari, learned counsel for the informant and Shri Amit Kumar, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the criminal history of the applicant as disclosed in the bail application.

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

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

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Let the applicant-Kapil Sharma be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise 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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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.12 18:42:58 IST Reason: Location: High Court of Judicature at Allahabad

Kapil Sharma v. State of U.P.

Case brief

What is this about?

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Kapil Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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