ANOOP KUMAR SHARMA versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Anoop Kumar Sharma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19446 of 2005 [2005] RD-AH 4243 (17 October 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Accused applicant Anoop Kumar Sharma sonof Sri Chheda Lal Sharma has prayed for release on bail in case crime No 658 of 2004 under Sections 302, 201, 394, 411 IPC, P.S. Chhibramau, Distrct Kannauj.

According to prosecution case accused applicant along with co accused committed murder of two persons namely Manoj and Bhoora.

Learned counsel for the accused applicant has contended that there is no incriminating evidence against the accused applicant and that he was named by the co accused Rinku in his statement. He has further contended that there is only evidence of last seen against the accused applicant. In this matter no recovery has been made from this accused applicant. Co accused Amit Kumar, who was also allegedly seen by the witnesses, has been identified by the witnesses in test identification parade but no test identification for the accused applicant has been held.

In the circumstances case of this accused is distinguishable from other co accused and he is entitled to bail.

Let the accused 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.

The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that his bail may be cancelled.

Dated: 17.10.2005

RKS/19446/05

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