GAUTAM SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.Lal, Sri Ashutosh Yadav, Smt. Abhilasha Singh and Vikas Tripathi, learned counsel for the applicant and the learned A.G.A. for the State of U.P.

(2.) THIS is the third bail application moved on behalf of the applicant Gautam Sharma with a prayer that he may be released on bail in case crime no. 495 of 2010 under sections 147,148,149,302,307,427,120 -B I.P.C. and 7th Criminal Law Amendment Act P.S. Link Road district Ghaziabad. The criminal misc. first bail application no. 13437 of 2011 moved on behalf of the applicant has been rejected by this court on 28.7.2011 and after considering the merits of the case, after considering the merits of the case, criminal misc. second bail application no. 8804 of 2012 has been disposed of by this court on 11.12.2012 by refusing the prayer for bail but the applicant was directed to attend the Tehravin Sanskar of his father in police custody.

(3.) IT is submitted by the learned counsel for the applicant that the applicant is in jail since 7.12.2010. The Sessions Trial against the applicant and the co -accused, is pending in which three witnesses have been examined, in the calender of witnesses from the side of the prosecution names of 28 persons have been given. There is no possibility of the conclusion of the trial in near future. The accused Dinesh Sharma has been released on bail by another bench of this court on 28.8.2014 in criminal misc. bail application no. 27738 of 2014. The co -accused Netra Pal Singh has been has been released on bail in criminal misc. bail application no. 2329 of 2014. The case of the applicant is based on similar footing with the case of the above mentioned co -accused. In the present case P.W. 1 Naresh Chandra Kaushik has been declared hostile. He stated before the court that he had not seen any accused person at the time of commission of the alleged offence. He stated that he was having meetings with the leaders of the Union namely Dinesh Sharma, Devedutt Joshi, Suresh Rana and Gautam Sharma. According to the deposition of P.W. 2 Omveer Singh, the applicant and another co -accused persons entered into the office of the factory, they were armed with danda, sariya, back plate, iron rod and swards, they damages the office and did mar -peet in which he himself Mahendra Giri, Yogendra, Sandeep Jain, N.C. Kaushik, Narendra Dabas sustained injuries. He identified all the accused persons in the court. According to the deposition of P.W. 3 Mahendra Singh, applicant and other co -accused persons participated in the commission of the alleged offence but the co -accused namely Suresh Rana, Dinesh Sharma and Netra Pal Singh, whose, case was based on the similar footing with the case of the applicant, has been released on bail, therefore, the applicant may also be released on bail.