Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16064 of 2010 Petitioner :- Sanjeev Sharma Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Chandra Gupta,Keshmani Dubey Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Sanjeev Sharma
who is accused in Case Crime No. 424 of 2010, under Section 379 and 411
I.P.C., registered with P.S. Sector 58, Noida, District Gautam Budh Nagar, for
being enlarged on bail during the pendency of the trial.
It has been contended that that the applicant is not named in the F.I.R. As far
as the complicity of the applicant as a participant for the offence is concerned
is based upon the alleged recovery of the stolen car from the possession of the
applicant.
He next contended that although the stolen car is alleged to have been
recovered from the possession of the applicant in a public place but there is no
public witness which renders the recovery doubtful and the recovery memo a
manufactured documents.
He lastly contended that the applicant who has no criminal antecedents, is in
in jail since 09.05.2010.
The prayer for bail has been vehemently opposed by the Learned A.GA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for the applicant and the fact that the
applicant has no criminal antecedents, this court is of the view that the
applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Sanjeev Sharma son of Sri Dhanpal Sharma involved in
Case Crime No. 424 of 2010, under Section 379 and 411 I.P.C., registered
with P.S. Sector 58, Noida, District Gautam Budh Nagar 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 subject to the following
conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 19.7.2010
YK