Allowed

Rishi Sharma v. State of U.P.

Allahabad HC17 Jun 2022BAIL/17050/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the court granted bail to the applicant, who was accused in a case involving sections of the IPC and Excise Act. The court noted that co-accused persons had already been granted bail by coordinate benches. Bail was ordered on furnishing a personal bond and local sureties, subject to specific conditions ensuring witness protection and court appearanc

What did the court decide?

Bail granted via personal bond and two heavy local sureties subject to conditions prohibiting evidence tampering, witness intimidation, and similar offences.

Rishi Sharma Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17050 of 2022

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Applicant :- Rishi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is the real brother of co-accused Munish Sharma and brother-in-law of Mamta Sharma, who are the owner of the alleged shop. It is further submitted that co-accused persons namely Munish Sharma, Sumit Sharma, Manoj Sharma, Pramod Gupta, Akash and Madan Gopal have already been granted bail by coordinate Benches of this Court vide orders dated 10.06.2022, 04.01.2022, 08.12.2021, 04.01.2021, 24.11.2021 and 09.03.2022 passed in Criminal Misc. Bail Application No. 16985 of 2022, Criminal Misc. Bail Application No. 55331 of 2021, Criminal Misc. Bail Application No.39473 of 2021, Criminal Misc. Bail Application No. 50223 of 2021, Criminal Misc. Bail Application No.42279 of 2021 and Criminal Misc. Bail Application No. 3291 of 2022, respectively, copies whereof have been produced by learned counsel for the applicant, which are taken on record. He, therefore, submits that the accused-applicant is also entitled for bail on the ground of parity. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.06.2021. He further submits that after arresting of the applicant, he has been falsely implicated in 21 cases and the same are extracted in para 27 of the affidavit filed in support of the bail application.

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Learned AGA does not dispute the aforesaid fact.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court

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is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant- Rishi Sharma involved in Case Crime No.188 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 120B, 34, 201 I.P.C. and Section 60(A) Excise Act, Police Station Jawaa, District Aligarh, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 17.6.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.06.21 15:45:32 IST Reason: Location: High Court of Judicature at Allahabad

Rishi Sharma v. State of U.P.

Case brief

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Rishi Sharma v. State of U.P.

Case brief

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