Allowed

Vishal Sharma v. State of U.P.

Allahabad HC21 Oct 2022BAIL/44799/2022

Case brief

AI extract

What is this about?

In this criminal bail application, Visal Sharma, already in jail, sought enlargement on bail alleging false implication and citing a similarly situated co-accused who had been granted bail. The High Court, without expressing an opinion on the merits of the underlying case, found it fit to grant bail.

What did the court decide?

The applicant is released on bail upon executing a personal bond and furnishing two sureties in the amount fixed by the trial court subject to standard conditions.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44799 of 2022

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Applicant :- Vishal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,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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By means of this application, the applicant, Vishal Sharma, who is involved in Case Crime No. 417 of 2021, under Sections 419, 420, 406, 467, 468, 471, 473, 504, 506, 120-B I.P.C., Police Station- Sigra, District- Varanasi and is in jail since 21.09.2021, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant was neither named in the FIR nor committed any such offence as alleged in the FIR. His name has crept up in the statement of co-accused Sanjeev Kumar Pathak and there is no other evidence to connect the applicant in the present case. It is submitted by learned counsel for the applicant that there is no criminal history against the applicant. It is further submitted that similarly placed co-accused, Anshu Kumar Gupta @ Laloo, has already been enlarged on bail by this Court by order dated 15.2.2022 passed in Criminal Misc. Bail Application No. 4443 of 2022. He has further submitted that since the role of the applicant is identical to that of coaccused, Anshu Kumar Gupta @ Laloo, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 21.09.2021, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.

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In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 21.10.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.10.21 17:13:55 IST Reason: Location: High Court of Judicature at Allahabad

Vishal Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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