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2025 DAILYLAW 15733 (ALL)

ARVIND URF RAJKUMAR SHARMA v. STATE OF U.P.

BAIL/4040/2025 · 2025-05-20

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85275 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4040 of 2025 Applicant :- Arvind Urf Rajkumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Singh,Atul Srivastava,Ravindra Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ankit Kumar Singh, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Arvind Urf Rajkumar Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 151 of 2022, under Sections 323, 376, 384, 504, 506 I.P.C. and 67 I.T. Act, Police Station Juhi, District Kanpur Nagar. 4. The first information report of the present matter was lodged on 23.08.2022 by the victim against the applicant alleging therein that she is a widow. Her husband died around 10 years back. She has two children. She met the applicant and started treating him like her brother. One day while she was taking bath the applicant took her photographs on his mobile and started blackmailing her. Since the last one year he continued her physical exploitation and demanded money. He also took money and her jewellery. He made a facebook ID and made people friends wherein he uploaded her photographs. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. While placing paragraph 15 of the affidavit it is submitted that no such vulgar photograph or video was recovered from the mobile of the applicant. It is further submitted while placing paragraph 18 of the affidavit that the applicant and the victim entered into a matrimonial agreement on 06.10.2020 and started living as husband and wife since then. Further while placing paragraph 13 of the affidavit it is submitted that the applicant did not know of lodging of the present first information report and he went to Delhi for work. He was living there with his family which included his wife and son and N.B.W. and proceedings under Section 82 Cr.P.C. & 83 Cr.P.C. were initiated against him. It is submitted that after the applicant came to know of the present case in the year 2022 then he started exploring the options available to him under law and in the meantime the police arrested him on 23.12.2024. It is submitted that the present case is based on totally false and incorrect allegations. It is submitted that a first information report under Section 174-A I.P.C. has been lodged against the applicant on 28.03.2023 in which he has been granted bail vide order dated 10.01.2025 by the court concerned, paragraph 24 and Annexure-12 has been placed before the Court for the same. The applicant is in jail since 24.12.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the conduct of the applicant in the present matter is very objectionable in as much as he continued to abscond in the present matter after lodging of the first information report on 23.08.2022. N.B.W. was issued against him and the process under Section 82 Cr.P.C. & 83 Cr.P.C. was issued against him and then an award of Rs. 25,000/- was also declared on him. It is submitted that subsequently a charge-sheet dated 15.06.2023 being charge-sheet no. 70 of 2023 was submitted against him as an absconder. It is submitted that later on a first information report was lodged as Case Crime No. 66 of 2023, under Section 174-A I.P.C., Police Station Juhi, District Kanpur Nagar on 28.03.2023. It is submitted that there are good chances of the applicant again absconding if released on bail. It is submitted that the conduct of the applicant cannot be appreciated and the bail application deserves to be dismissed. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the first information report of the present matter was lodged on 23.08.2022. The applicant is the sole accused named therein. After lodging of the first information report he absconded. N.B.W. was issued against him and then process under Section 82 Cr.P.C. & 83 Cr.P.C. were issued. The applicant did not appear before the authorities or court concerned. Subsequently a first information report was lodged under Section 174-A I.P.C. on 28.03.2023. A cash award of Rs. 25,000/- was also declared on him. The investigation concluded and a charge-sheet was submitted against him as an absconder on 15.06.2023. The applicant was then arrested on 23.12.2024. 8. Looking to the conduct of the applicant and the proceedings initiated during the period of his abscondance despite which he continued absconding for a long time, there are good chances of his again absconding and not appearing before the court concerned which may effect the trial. 9. In view of the same, this Court does not find it a fit case for bail, hence, the bail application is rejected. 10. Pending application (s), if any, shall stand disposed of. Order Date :- 21.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad