This court allowed a bail application filed by Chandoo Sharma charged under various sections of the I.P.C. The applicant, an employee, argued he was falsely implicated and co-accused had been granted bail. The court, citing Dataram Singh, held that the applicant had made out a case for bail.
Released on personal bond with two sureties in like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35405 of 2022
Applicant :- Chandoo Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Chandoo Sharma with a prayer to release him on bail in Case Crime No.45 of 2021, under Sections 420, 406, 467, 468, 471, 409, 120B I.P.C., P.S. Dilari, District Moradabad during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He next argued that co-accused Naresh Singh, who is partner M/s Krishna Enterprises and co-accused Manoj Chauhan have been granted bail by coordinate Bench of this Court. Bail order is annexed with the bail application. Applicant is an employee of Mahadev Rice Mill, Thakurdwara. He has no concerned with the incident. Learned counsel for the applicant next argued co-accused Krishna Singh has been granted Anticipatory bail by the coordinate Bench of this Court on 17.05.2022. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 06.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Chandoo Sharma be released on bail in Case Crime No.45 of 2021, under Sections 420, 406, 467, 468, 471, 409, 120B I.P.C., P.S. Dilari, District Moradabad, on his
furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.9.2022/SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.09.05 15:40:27 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a cheating and forgery case involving company director.
Whether the applicant, who is incarcerated since June 2022, satisfies the bail requirements given the nature of the offence.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Chandoo Sharma
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
