Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17921 of 2010 Petitioner :- Raghunandan Sharma Respondent :- State Of U.P. Petitioner Counsel :- P.C. Sharma,Himanshu Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits, as
per prosecution story, the applicant got issued a BSNL Sim fraudulently in
the name of the complainant for the purpose of harassing the persons on
phone by indecent remarks. He further submits that neither any Sim has
been fraudulently obtained by the applicant in the name of the complaint
nor the same has been recovered from his possession. He further submits
that the applicant has not committed any offence as alleged by the
prosecution and has been falsely implicated with a view to harass and
victimise him. He further submits that the applicant has got no criminal
history to his credit and there are no chances of his fleeing away from the
judicial process or tampering with the prosecution evidence, and is in jail
since 26.5.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Raghunandan Sharma involved in Case Crime No. 336 of
2010 under Sections 420,504, 506 I.P.C., P.S. Kotwali Dehat , District
Etah be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned with the
following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 19.7.2010
MLK