Allowed

Bhupendra Sharma v. State of U.P.

Allahabad HC8 May 2023BAIL/18060/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Bhupendra Sharma in a case under the U.P. Gangsters Act. The Court found him eligible for bail despite not commenting on the case merits, subject to standard conditions including the furnishing of a bond and two sureties.

What did the court decide?

The applicant Bhupendra Sharma was released on bail upon furnishing a personal bond and two sureties with specific conditions.

Bhupendra Sharma Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:97684

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18060 of 2023

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Applicant :- Bhupendra Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Singh,Manoj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Supplementary afÏdavit filed today, is taken on record.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 38 of 2023, registered under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Jagner, District Agra during the pendency of the trial.

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It has been contended by learned counsel for the applicant that the applicant has been falsely implicated under the provision of U.P. Gangsters Act on the basis of single case shown in the gang chart in which he is already on bail. It has further been contended that previous criminal history of 5 cases has been adequately explained in paras 10-14 of the afÏdavit. The applicant is in jail since 26.3.2023. It has been lastly contended that in case the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, I find that applicant has been enlarged on bail in the case mentioned in the gang chart and without commenting on the merits of the case, I find it a fit

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case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Bhupendra Sharma involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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

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

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

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(iv) 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 to any police ofÏcer or tamper with the evidence.

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(v) 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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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 8.5.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Bhupendra Sharma v. State of U.P.

Case brief

What is this about?

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Bhupendra Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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