Vivek Sharma vs State of U.P.

Neutral Citation No. - 2025:AHC:50026

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11217 of 2025

Applicant :- Vivek Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Today, power of Sri Kapil Kumar, learned Advocate has filed on behalf of the informant, which is taken on record.

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Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Sunder Singh, learned Advocate, holding brief of Sri Kapil Kumar, learned counsel for the informant and Dr.S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.303 of 2024, under Sections 190, 191(2),191(3), 115(2), 351(2), 352, 103(1) and 3(5) BNS, Police Station Chhaprauli, District Baghpat during pendency of the trial.

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Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with five others including co-accused Vishal and the role of causing fire arm injury to the deceased has been assigned to co-accused Vishal.

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He further submits that as per prosecution applicant caught hold the deceased but considering this fact that it is a case of death due to fire of arm, role of catching hold attributed to the applicant prima facie appears to be doubtful.

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He further submits that however, it is a case in which apart from the deceased eight others also sustained injuries but from the side of applicant also eight persons sustained injuries and therefore, it appears to be a case of free fight.

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He further submits that from the side of applicant also FIR was lodged against the informant side which has been annexed along with the instant bail application.

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 25.11.2024.

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Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it is a case in which eight persons sustained injuries and one person died but record also suggests that from the side of applicant also eight persons sustained injuries and from his side also an FIR was lodged.

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Further, from the record it reflects that deceased died due to fire arm injury and as per prosecution co-accused Vishal caused fire arm injury to him and there is no allegation that applicant caused any injury to him.

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Further, however, as per allegation applicant caught hold the deceased but considering the fact that deceased died due to fire

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arm injury, the argument advanced by the learned counsel for the applicant that role of catching hold assigned to the applicant appears to be doubtful, cannot be completely ruled out at this stage.

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Further, applicant is not having any previous criminal history and in the present matter he is in jail since 25.11.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Vivek Sharma be released on bail in the aforesaid case on furnishing a personal bond and 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 shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 7.4.2025

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SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Vivek Sharma v. State of U.P.

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Vivek Sharma v. State of U.P.

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