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Allahabad High Court grants bail to Etah advocate assaulted by police

The applicant was appointed on the post of ADGC by State Government at District Etah in June, 2002 and worked on the said post till, 2020.

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The Allahabad High Court on Wednesday granted bail to Etah Advocate Rajendra Sharma, who was assaulted by Uttar Pradesh Police in December 2020.

A Single-Judge Bench of Justice Neeraj Tiwari passed this order while hearing a Criminal Misc Bail Application filed by Rajendra Sharma.

It is submitted by the Counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the case registered under Sections 147, 148, 149, 289, 336, 504, 506, 353, 307 I.P.C. and section 7 of Criminal Law Amendment Act, Police Station‐ Kotwali Nagar, District- Etah.

The applicant was appointed to the post of Assistant District Government Counsel (ADGC) by State Government at District Etah in June, 2002 and worked on the said post till, 2020.

Again he was appointed by the State Government on September 4, 2020 as Special Prosecutor and continues to hold the said post.

In fact, the crowd was trying to have illegal possession over the house of applicant, therefore, to defend himself as well as his property, he used his licensed pistol causing injury to his son.

It is next submitted that prior to the case, applicant was having criminal history of three cases out of which he has been acquitted in two cases and in one case, proceeding was dropped. Along with the case, he was also implicated in one more case in which he has already been granted bail by the Court below.

Additional Advocate General and Senior Counsel for the injured opposed the prayer for bail, but could not dispute this fact that the applicant was earlier appointed as ADGC by the State Government and as on date, he is still working as Special Prosecutor appointed by the State Government and also about the acquittal in earlier two cases.

“Considering the material on record as well as the dictum of Supreme Court in the case of Dataram Singh Vs. State of U.P. and another, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, the Court directed that applicant Rajendra Sharma be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned,” the Court ordered.

The Court granted bail to the Accused of following conditions:-

  1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
  2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
  3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
  4. 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;
  5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
  6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with the law.
  7. In case the applicant has been enlarged on short term bail as per the order of the committee constituted under the orders of
    Supreme Court his bail shall be effective after the period of short term bail comes to an end.

Read Also: Supreme Court says it will lay down guidelines for appointment of ad-hoc judges in High Courts

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