SAGAR SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/8098/2025 · 2025-10-06
Yogesh Dubey Joint Registrar Judicial
body2025
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[ 2025 DAILYLAW 102325 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 102325 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8098 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Adesh Kumar, learned counsel for the applicants and Sri Uma Shankar Mishra, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 236 of 2025 under Sections 191 (2), 191 (3), 190, 109 (1), 352, 117 (2), 351 (3), 324 (4) of B.N.S., Police Station Arniya, District Bulandshahar with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been argued by learned counsel for the applicants that applicants have been falsely implicated in this case. It is submitted that the applicants are not named in the FIR and their names have surfaced during investigation in the confessional statement of the named co-accused Banti @ Praveen Sharma. It is further submitted that the injuries caused to the injured Yatendra Singh are not dangerous to life. The applicants do not have any criminal history to their credit. It is also submitted that the applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for Versus Counsel for Applicant(s) : Adesh Kumar, Barkha Chaudhary Counsel for Opposite Party(s) : G.A. Sagar Sharma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
anticipatory bail. 5. I have considered the rival submissions made by learned counsel for the parties. 6. From perusal of the record, it appears that the applicants are not named in the FIR and their names have surfaced during investigation in the confessional statement of the named co-accused Banti @ Praveen Sharma. The injuries caused to the injured are not dangerous to life and the applicants are not having any criminal history. 7.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicants Sagar Sharma, Rahul and Avish involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as NABAIL No. 8098 of 2025 2
to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
October 7, 2025 Madhurima NABAIL No. 8098 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad