Allowed

Nikhil Sharma v. State of U.P. through Secretary Home at Lucknow

Allahabad HC21 Jan 2022BAIL/332/2022

Case brief

AI extract

What is this about?

The High Court Court No. 64 allowed bail to the applicant in a criminal case involving theft and criminal breach of trust. The court relied on the applicant's innocence claims, lack of prior record, and absence of flight risk.

What did the court decide?

Release of the applicant on bail upon executing a personal bond and two reliable sureties, subject to specified conditions including regular appearance and prohibition of tampering with evidence.

Nikhil Sharma Vs State of U.P. through Secretary Home at… — Bail and Remand | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 332 of 2022

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Applicant :- Nikhil Sharma Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Nikhil Sharma, in Case Crime No. 242 of 2021, under Sections-379 and 411 I.P.C. Police Station-Chhajlet, District-Moradabad.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.10.2021; he was of no criminal antecedent till implication in the present case, subsequently, two cases were planted against the applicant in which he is on bail; First Information Report was got lodged against unknown thieves; subsequently, planted recovery of motor cycle was said to be from two persons, where as no such recovery was there nor was there any independent witness of the alleged recovery; it is a planted one; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant was not named in the First Information Report and he was of no criminal antecedent till implication in the present case.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Nikhil Sharma , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 21.1.2022 Deepak/

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Digitally signed by RAM KRISHNA GAUTAM Date: 2022.01.21 12:52:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Nikhil Sharma v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

Nikhil Sharma v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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