Allowed

Niraj Kumar Sharma @ Niraj v. State of U.P.

Allahabad HC19 May 2023BAIL/4593/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the applicant falsely implicated in theft, granting release on personal bond with sureties under Sections 379, 411 IPC, subject to strict conditions regarding court appearance and conduct during trial.

What did the court decide?

Releasing the applicant on bail on furnishing a personal bond with two heavy sureties, one from a family member.

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

¶1

Neutral Citation No. - 2023:AHC:112740

¶2

Court No. - 86

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4593 of 2023

¶4

Applicant :- Niraj Kumar Sharma @ Niraj Opposite Party :- State of U.P. Counsel for Applicant :- Pt. Sita Ram Vishwakarma,Bachan Singh,Vimal Kumar Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Kumar Singh,J.

¶6

Supplementary affidavit filed on behalf of applicant is taken on record.

¶7

Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

¶8

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R., his name came into light on the basis of statement of co-accused Pankaj Yadav during investigation. The applicant has not committed the alleged offence. False recovery has been shown against the applicant by the police personnel. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 08.10.2022. It has been pointed out that the criminal history of the applicant has been duly explained in paragraph nos.4, 5 and 6 of the supplementary affidavit.

¶9

Learned A.G.A. opposed the prayer for bail.

¶10

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge

¶11

and reformative theory of punishment the applicant is entitled to be released on bail in this case.

¶12

Let the applicant Niraj Kumar Sharma @ Niraj , involved in Case Crime No.376 of 2022, under Sections 379, 411 I.P.C, Police Station Kakadeo, District Kanpur Nagar be released on bail on his furnishing a personal bond with two heavy sureties each (one should be of family member) in the like amount to the satisfaction of the court concerned with the following conditions :

¶13

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶14

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶15

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶16

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant 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 against him in accordance with law.

¶17

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶18

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶19

Order Date :- 19.5.2023 Jitendra

¶20

Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Niraj Kumar Sharma @ Niraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Niraj Kumar Sharma @ Niraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akhilesh Yadav @ Akkal Vs State of U.P.

Kamal Singh Vs State of U.P.

Pyare Lal Vs State of U.P.

Sanjay Vs State of U.P.

Suresh Chaudhary Vs State of U.P.

Mohd Atif Vs State of U.P. and 2 Others