Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24135 of 2007 Petitioner :- Ravi Shankar Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- Ranjit Saxena Respondent Counsel :- Govt. Advocate,A.Pathak,Mayank Gupta,Rajesh Chand Gupta Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Rejoinder affidavit filed today taken on record.
Learned counsel for the applicant submitted that that there was criminal
history of the applicant and by amendment section 332 and 353 was declared
as non bailable offence. The objection was filed however, without considering
the objection and criminal history of the applicant the applicant was released
on bail by order dated 21.9.2007 by First Additional Chief Judicial
Magistrate, Gautam Budh Nagar in case crime no. 546 of 2007 under Sections
332, 353, 506, 500 I.P.C., Police Station Sector 24 Noida.
Counsel for the accused opposite party no. 2 submitted that there was
agitation by several persons hence on the basis of false allegation, the
applicant is being prosecuted. He is never misused the bail and as far as
alleged criminal history is concerned there is only one case of the year 2004
in which the applicant is on bail. The applicant never misused thebail and
there is no allegation for misusing of liberty of bail.
From perusal of the records it appears that C.D. and criminal history was
summoned by the Magistrate concerned before final disposal of the bail
application. The bail application was decided on 21.9.2007 and there is no
allegation of misuse of the bail. Hence at this stage I am not inclined to
cancel the bail.
However, the trial court will conclude the trial as expeditiously as possible
without unnecessary adjournment.
Accordingly the bail application is rejected.
Order Date :- 7.1.2010
Manoj