Sonal Sharma Vs State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9164 of 2022

Applicant :- Sonal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material on record.

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The instant bail application has been filed on behalf of the applicant - Sonal Sharma with a prayer to enlarge him on bail in Case Crime No. 332 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Vijay Nagar, District- Ghaziabad , during the pendency of the trial.

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It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It has further been argued that in the gang chart six cases are shown against the accused-applicant. It is next submitted that the applicant has already been enlarged on bail in those case, copies of the bail orders have been enclosed as Annexure-3 to the affidavit accompanying the bail application, apart from there is no criminal history against the applicant. It is also submitted that co-accused of this case Farukh @ Kalu @ Kallu has been granted bail by this Court vide order dated 31.01.2022 passed in Criminal Misc. Bail Application No. 46447 of 2021. It is next contended that there is no possibility of the applicant of fleeing away from judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant is languishing in jail since 15.03.2021.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act , 1986 material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for

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the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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The applicant shall remain present, in person, before the trial court at the time of recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.4.2022

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Monika

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Digitally signed by MONIKA KESARWANI Date: 2022.04.26 10:36:33 IST Reason: Location: High Court of Judicature at Allahabad

Sonal Sharma v. State of U.P.

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Sonal Sharma v. State of U.P.

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