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2025 DAILYLAW 101722 (ALL)

SACHIN SHARMA ALIAS MONU v. STATE OF U.P.

BAIL/33375/2025 · 2025-10-09

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33375 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 13 of 2025, under Sections 318(4), 336(3), 338, 340(2), 111(2)kha, 61(2)(ka) B.N.S., Police Station Rajpura, District Sambhal during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was nominated in the first information report solely on the basis of the statement of co-accused Onkareshwar, who was arrested at the spot. It is contended that the said statement is unreliable. Co-accused Onkareshwar has been granted bail by this Court vide order dated 16.07.2025 passed in Criminal Misc. Bail Application No. 22819 of 2025, Onkareshwar Mishra Karan v. State of U.P. The applicant claims parity. It is next contended that the applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. The criminal history of the applicant has been explained in Paragraph-34 of the affidavit. The applicant is in jail since 12.09.2025 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was nominated in the Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Sachin Sharma Alias Monu .....Applicant(s) State of U.P. .....Opposite Party(s) first information report solely on the basis of the statement of co-accused Onkareshwar, who was arrested at the spot, and co-accused Onkareshwar has been granted bail by this Court. Moreover, the applicant has remained confined for almost one month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sachin Sharma alias Monu, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 10, 2025 SKT/- BAIL No. 33375 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad