Allowed

Sharik v. State of U.P.

Allahabad HC11 Feb 2022BAIL/3942/2022

Case brief

AI extract

What is this about?

In this bail application under Sections 457, 380, 411, 427 IPC, the Allahabad High Court granted bail to Sharik. Considering the pandemic-related jail overcrowding, lack of criminal history, and parity with co-accused, the Court held it a fit case for bail subject to standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the magistrate/court concerned.

Sharik Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3942 of 2022

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Applicant :- Sharik Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.423 of 2021, under Sections 457, 380, 411, 427 I.P.C., Police Station Civil Lines, District Moradabad.

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Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case and is languishing in jail since 06.06.2021. It is also stated that applicant has no criminal history and the joint recovery of four ceiling fans have been shown to six accused persons. Parity in the matter of grant of bail is sought with Sachin and Neeraj, who have been enlarged on bail by this Court in Criminal Misc. Bail Applications No.29039 of 2021 and 29168 of 2021 respectively. It is also stated that there is no independent witness to the recovery. It is also contended that trial is not likely to be concluded on account of Covid-19 Pandemic.

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Learned A.G.A. opposes the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant- Sharik be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court

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concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 11.2.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.02.15 10:30:15 IST Reason: Location: High Court of Judicature at Allahabad

Sharik v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharik v. State of U.P.

Case brief

What is this about?

What did the court decide?

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