High Court granted bail to Ashish Sharma in a criminal appeal involving IPC offences and POCSO Act, primarily because he had earlier been released on bail for the same crime by the same court.
Applicant released on bail on furnishing a personal bond and two sureties to the satisfaction of the court below with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59915 of 2022
Applicant :- Ashish Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of the bail application the applicant has prayed to be enlarged on bail in Special Session Trial No.290 of 2022 arising out of Case Crime No.294 of 2022 at Police Station-Kotwali, DistrictAzamgarh under Sections 354(Gha), 452, 307 IPC and Section 7/8 of the POCSO Act. The applicant is in jail since 02.07.20922.
The bail application of the applicant was rejected by the learned trial court on 09.11.2022.
The following arguments made by Ms. Priyanka Devi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:
(1). The applicant was earlier enlarged on bail in the same crime by this Court on 24.11.2022 in
Criminal Misc. Bail Application No.42332 of 2022. Subsequently, additional sections 7/8 of the POCSO Act were also added to the case.
For the reasons assigned by this Court in the earlier bail order, the applicant is entitled to be enlarged on bail since it arises from the same crime.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ashish Sharma be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 1.2.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the current application given previous enlargement on bail for the same crime.
2 provisions across 2 enactments
Ashish Sharma
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
