SANJAY BHARTI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7413/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157044 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157044 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46374 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7413 of 2025 Applicant :- Sanjay Bharti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Verma,Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajeet Kumar, the learned counsel for the applicant as well as Smt. Kamlesh Kumari, the learned A.G.A. for the State and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241 of 2024, under Sections 319(2), 318(4), 338, 336(3),, 340(2), 316(2), 352, 351(3) B.N.S, registered at Police Station Dhanepur, District Gonda.
3. The aforesaid case has been registered on the basis of F.I.R. lodged in furtherance of an application under Section 175(3) B.N.S.S on 29.08.2024 against the applicant and his father Shyam Sunder, stating that the accused persons extracted money Rs. 16,47,000/- in various installments under allurement of getting the informant appointed as a Clerk in a college run by them but the informant was not given appointment. When the informant demanded refund of money, a cheque for Rs. 10 Lakhs was handed over to him which was dishonored by the bank. Thereafter, the accused persons have returned Rs. 2,75,000/- in various installments and they have not returned the balance amount of Rs. 13,77,000/-
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history.
5. The learned counsel for the applicant has stated that the informant had entered into an agreement with the applicant to purchase some immovable property for a total sale
consideration of Rs. 20 Lakhs but when the agreement could not culminate into execution of the sale deed, the informant has lodged the F.I.R on the basis of false allegations.
6. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during
investigation and the charge-sheet has been submitted on
27.03.2025.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R version, it was the informant himself who tried to secure employment by illegal means by giving money and F.I.R has been lodged by failing in his endeavor, though this allegation refuted by the applicant and it is claimed that he F.I.R has been lodged when agreement to purchase property could not culminate into execution of the sale deed; that the applicant has no criminal history and he is languishing in jail since 08.03.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
8. Accordingly, this bail application stands allowed.
9. Let the applicant- Sanjay Bharti be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.)
Order Date :- 8.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench