Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14774 of 2010 Petitioner :- Ajay Sharma @ K.D. Respondent :- State Of U.P. Petitioner Counsel :- Aditya Prasad Mishra Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard learned counsel for applicant and learned A.G.A. for the
State.
Applicant is in jail since 1.2.2010 in connection with offences
under Sections 392, 414 I.P.C. Police Station Civil Lines, District
Meerut.
Submission is that there is no recovery made from possession of
applicant. His name was revealed by co-accused in recovery
memo, which is annexed as annexure no.3 to the affidavit filed in
support of bail application.
Learned A.G.A. has opposed bail application on the ground of
criminal history of applicant.
A detailed explanation has been given by applicant’s counsel in
paragraph no.16 of the affidavit filed in support of bail application.
Applicant was imposed with detention order by District Magistrate
under National Security Act but Advisory Board has revoked
detention order. Subsequently, applicant was involved in a case
under Section 302 I.P.C. in which he has been granted bail by this
Court vide order dated 26.4.2010 in criminal misc. bail application
9325 of 2010. On perusal on bail order, it transpires that his name
was mentioned by first informant in second statement under
Section 161 Cr.P.C. but he was neither named in the F.I.R. nor
first statement of complainant.
It is further submitted that applicant has been repeatedly put
behind bars only because of enmity with police. There are two
cases of police encounter under Section 307 I.P.C. against
applicant. Both cases are of no injury.
Taking into consideration facts and circumstances of the case,
without expressing any opinion on merits, bail application is
allowed.
Let applicant Ajay Sharma @ K.D. son of Keshav Dutt Sharma
involved in case crime no. 516 of 2009 under Sections 392, 414
I.P.C. Police Station Civil Lines, District Meerut, be released on
bail on his executing a personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.6.2010
rkg