Rahul Sharma Vs State of U.P. and Another

Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12145 of 2021

Applicant :- Rahul Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Malviya Counsel for Opposite Party :- G.A.,Abhishek Mishra,Rahul Mishra

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Mr. Utkarsh Malviya, Advocate along with Mr. K.K. Jain, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.

¶6

The present application has been moved seeking anticipatory bail in F.I.R. No.565 of 2020, under Sections 420, 406, 504, 323, 506, 307 I.P.C., P.S. Nauchandi, District-Meerut, with the prayer that in the event of arrest, applicant may be released on bail.

¶7

On 02.07.2021, Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant, has passed the following order:-

¶8

"Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State, Sri Abhishek Mishra, who has appeared for the informant and perused the record.

¶9

The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in relation to F.I.R. No. 565 of 2020, under Sections 420, 406, 504, 506, 307 and 323 IPC, Police Station- Nauchandi, District- Meerut.

¶10

All the noticed respondents shall file a reply on this application within a period of six weeks. Post this matter on the expiry of the aforesaid period before the appropriate Court.

¶11

Special circumstances have been explained with the applicant contending that he is a resident of Gurgaon in the State of Haryana whereas the F.I.R. has been registered at Meerut. The cause shown is found to be sufficient. Presently and for the purposes of considering the prayer for grant of interim anticipatory bail, the Court takes note of the fact that a dispute with respect to transfer of shareholding and the payments made in connection therewith have sought to be given the colour of criminal prosecution. Although, it is alleged that the applicant had tried to shoot the first informant, admittedly no injuries are stated to have been caused.

¶12

Accordingly let the applicant -Rahul Sharma involved in the aforesaid case crime number be released on interim anticipatory bail on his

¶13

furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-

¶14

(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;

¶15

(ii) the applicant shall make himself available for interrogation by a police officer as and when required;

¶16

iii) 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 him from disclosing such facts to the Court or to any police office;

¶17

(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶18

(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.

¶19

(vi) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.

¶20

In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted."

¶21

Learned counsel for the applicant submits that till date no charge sheet has been submitted and investigation is still going on. He further submits that applicant has always co-operated in the investigation and has not misused the liberty of aforesaid interim anticipatory bail, which was granted to him on 02.07.2021 by co-ordinate bench of this Court. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegation made against him. The circumstances which, as per counsel, led to the false implication of the applicant has also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which

¶22

the State can move appropriate application for cancellation of anticipatory bail.

¶23

Learned A.G.A. for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.

¶24

In view of the above, aforesaid interim anticipatory bail order dated 02.07.2021 is made absolute till submission of police report under Section 173(3) Cr.P.C. on the terms and conditions as indicated in the above order dated 02.07.2021.

¶25

With the aforesaid observations and directions, the instant anticipatory bail application is allowed .

¶26

Order Date :- 30.1.2023

¶27

Rahul.

¶28

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Rahul Sharma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rahul Sharma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Madan Kumar Soni Vs State of U.P. and 2 Others

Zubair and 2 Others Vs State of U.P. and Another

Kishun Dev Vs State of U.P.

Deepanshu Vs State of U.P. and 5 Others

Ram Singh and 5 Others. Vs State of U.P

Annu Vs State of U.P.