Sharik Malik Vs State of U.P.

Court No. - 93

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47740 of 2022

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

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Hon'ble Surendra Singh-I,J.

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Learned counsel for the applicant has produced before the Court a copy of the bail order of co-accused Afzal, passed by another co-ordinate bench of this Court vide order dated 29.11.2022 in Criminal Misc. Bail Application No. 50675 of 2022. It is taken on record.

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This is an application for bail on behalf of the applicant Sharik Malik in Case Crime No. 120 of 2022, under Sections 392,411,120B,34,413 I.P.C., Police Station Pallavpuram, District Meerut.

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Heard learned counsel for the applicant, Sri Mumtaj Ali, Advocate holding brief of Sri Pramit Kumar Pal, learned counsel for the informant and the learned A.G.A. appearing for the State.

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The prosecution case in brief is that on 28.08.2020 at 11.15 p.m. near Bikaner Flyover, a Redmi 7A Mobile Phone of the informant, Pankaj Tyagi, was snatched by some unknown persons.

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The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is not named in the FIR. It was on 25.04.2022, when the police party arrested ten accused persons including the applicant and recovered eight mobile phones and other electronic items from their possession, the applicant has been falsely implicated in the present case. It

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is submitted that the FIR has been lodged more than two year's later from the date of incident. It is further submitted that nothing incriminating has been recovered from the applicant. It is also submitted that co-accused Afzal, similarly circumstanced as the applicant, has already been enlarged on bail by another co-ordinate bench of this Court vide order dated 29.11.2022 passed in Criminal Misc. Bail Application No. 50675 of 2022 entitling the applicant to be released on bail on the ground of parity. It is submitted that the applicant has explained the criminal history, produced by the prosecution, in paragraph no. 3 of the supplementary affidavit. It is in the last submitted that the applicant is in jail since 05.05.2022 and in case he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail stating that five criminal cases have been registered against the applicant, but could not deny the averments made by the accused-applicant.

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Considering the submissions advanced by the learned counsel for the parties, the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Afzal has already been enlarged on bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed .

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Let the applicant Sharik Malik involved in the aforementioned case be released on bail on executing his 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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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 12.12.2022 Brijesh Maurya

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Digitally signed by BRIJESH KUMAR Date: 2022.12.12 17:27:08 IST Reason: Location: High Court of Judicature at Allahabad

Sharik Malik v. State of U.P.

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Sharik Malik v. State of U.P.

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