The Allahabad High Court has granted the bail application of Sarvesh Sharma, accused of murder in Meerut’s Bhawanpur police station.
A Single Bench of Justice Vivek Chaudhary passed this order while hearing a Criminal Misc Bail Application filed by Sarvesh Sharma.
The bail application under Section 439 CrPC has been filed by the applicant, Sarvesh Sharma, who is involved in Case under Sections 147, 302, 201 IPC, P.S- Bhawanpur, District Meerut.
The prosecution case is that the informant solemnized marriage with Ruma Vashishth at Arya Samaj Mandir and got registered their marriage in the office of Sub-Registrar, thereafter, on 22.10.2021 brothers of his wife committed murder of his wife with the help of his friends and burnt her dead body.
It is submitted by the counsel for the applicant that the applicant has been falsely implicated in the case, he is not named in the FIR.
It is further alleged that the sole evidence against the applicant is the statement of Rahul, informant, who has stated that he was told by Asharam that he had seen the applicant along with Neeraj carrying the dead body on a Motorcycle. In the statement of Asharam no such thing has come, therefore the applicant deserves to be released on bail.
It is further submitted that the co-accused, Rahul has already been released on bail by the Court below order dated 09.11.2021. The applicant has no previous criminal history. The applicant has been in jail since 07.01.2022.
Additional Government Advocate has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the counsel for the accused applicant.
“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail”, the Court observed.
The Court ordered that,
Let the applicant, Sarvesh Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.