Shamu Sharma @ Shyamu Sharma vs State Of U.P

Supplementary affidavit has been filed today, which is taken on record.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

The applicant seeks bail in Case Crime No.140 of 2020, under Section 3 (1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 at Police Station Adalhat, District Mirzapur.

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that only two cases have been shown against the accused- applicant in the gang chart, in which the applicant is on bail. Copy of gang- chart and bail order have been annexed as Annexure Nos.2 and 3 respectively to the bail application. The applicant is in jail since 27.05.2020.

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant- Shamu Sharma @ Shyamu Sharma-, involved in the above mentioned case 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 which are being imposed in the interest of justice:-

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

The identity, status, and residential proof of sureties will be verified by the Court concerned.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.