Dismissed

Amit Sharma v. State of U.P.

Allahabad HC21 Jun 2023BAIL/24716/2023

Case brief

AI extract

What is this about?

The High Court dismissed a bail application filed by Amit Sharma, a habitual offender accused of theft. The court rejected claims of false implication, noting the accused operates a gang with no independent income and has a history of similar accusations.

What the court decided

AI extract

Amit Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127855

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24716 of 2023

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Applicant :- Amit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Girish Chandra Shukla,Ashok Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant -Amit Sharma, with a prayer to release him on bail in Case Crime No. 24 of 2023, under Sections 380, 457, 411 I.P.C., registered at Police Station Tundla, District Firozabad.

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The prosecution case is that on 09.01.2023 at around 8:00 p.m., the complainant left for home after closing his shop at Veeri Singh Market, Agra. On the next day, when the applicant reached his shop, he found that after breaking the lock and shutter, the thieves had taken inverter batteries from the shop and also committed theft in the neighbour's shop; the thieves had stolen two tin of ghee from neighbours shop, and 300 batteries from Bharat Batteries House were found stolen. The aforesaid FIR was registered on the written complaint containing the abovementioned facts.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives. He further submits that the applicant is not named in the FIR, and no recovery has been made from the applicant's possession. He further submits that the applicant has been falsely implicated in nine other cases after his arrest in the present case. He further submits that the first case was registered in 2022, and after that, the other cases were registered in 2023. He further submits that co-accused Ravi Kumar has been enlarged on bail by the co-ordinate Bench of this court vide order dated 15.05.2023 passed in Criminal Misc. Bail Application No. 20422 of 2023. He further submits that the applicant has been languishing in jail since 15.02.2023. If the applicant is released on bail, he undertakes to

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cooperate in the trial.

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Per contra, learned A.G.A. opposed the prayer for bail and submitted that during the investigation, a country-made pistol, a massive cache of batteries and other incriminated materials had been recovered from the possession of the accused - applicant. Learned State counsel invited the court's attention to the impugned order wherein a comprehensive list of cases has been mentioned showing the applicant's involvement in such similar cases. The counsel further submits that there are 10 cases against the applicant, including the present case, and all the cases are identical; therefore, the applicant is a disparate and habitual offender. He further submits that the applicant has no source of income and has been operating a gang of thieves, and therefore, he is not entitled to be enlarged on bail.

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After hearing the learned counsel for the parties and perusing the record, I don't find any force in the argument of the counsel for the applicant. The record of the case suggests that the arguments of the counsel for the applicant are contrary to the records of the case. It transpires from the records that the applicant is a disparate and habitual offender; his involvement has been revealed in ten cases of identical nature, and having no independent source of income for his family. The first case was registered in 2017 against the applicant at P.S. Khairgarh, District Firzobad, and since then, other cases have been registered in District Agra and Firozabad. Keeping in view the applicant's criminal history and conduct, the court considers that the applicant is not entitled to bail.

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Accordingly, the bail application is dismissed with a direction to the police to keep a watch on the activities of other co-accused persons and ensure that the prosecution witnesses are timely produced in the competent court of jurisdiction at Agra and Firozabad, enabling the courts to expedite the trial and the courts to take other recourse available under the law to enforce the presence of co-accused and prosecution witnesses in the respective courts. It is further directed that if the co-accused files frequent frivolous adjournment applications, the same shall be dealt in accordance with the law. The law enforcement agencies shall ensure the presence of the accused and prosecution witness in respective courts, and the courts, on the production of witnesses, ensure their examination on the date fixed.

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A copy of this order, along with the copy of the impugned order dated 18.04.2023 passed by Additional Sessions Firozabad, be sent to the Commissioner of Police, Agra and S.S.P., Firozabad, for

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reference, compliance and supervision. Let a copy of this order also be sent to District Judge, Agra and District Judge, Firozabad, for ensuring necessary compliance and supervision in the respective jurisdiction.

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Order Date :- 21.6.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Amit Sharma v. State of U.P.

Case brief

What is this about?

What the court decided

Amit Sharma v. State of U.P.

Case brief

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What the court decided

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