Devendra Sharma @ Lalu Vs State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58098 of 2022

Applicant :- Devendra Sharma @ Lalu Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Shri I.K. Chaturvedi, learned Senior Advocate assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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This is the second bail application of the applicant. First bail application has been rejected by this Court vide order dated 17.05.2022 passed in Criminal Misc. Bail Application No. 49083 of 2022. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present due to instigation of villagers. It is further submitted that after rejection of first bail application, statement of P.W.-1 has been recorded and he has assigned similar role to all the accused persons. It is further submitted that on the date of alleged incident applicant was in Jabalpur and in this regard receipt of toll plaza between Kanpur and Jabalpur are enclosed as Annexure no. 7 and 8 of the affidavit filed in support of the bail application. It is further submitted that while rejecting the first bail application the Court has directed the trial court to conclude the trial within 6 month but trial is not concluded as yet. It is further submitted that there is no possibility of trial to be concluded in near future. It is further submitted that applicant has no criminal history. 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 11.10.2019.

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

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, there is no possibility of trial to be concluded in near future and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Devendra Sharma @ Lalu involved in Case Crime No. 984 of 2019, under Sections 498A, 304B I.P.C. and section 3/4 of D.P.. Act, Police Station Kalyanpur District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 24.3.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Devendra Sharma @ Lalu v. State of U.P.

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Devendra Sharma @ Lalu v. State of U.P.

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