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2025 DAILYLAW 186759 (ALL)

SANJEEV SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/1544/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1544 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution, the applicant allegedly demanded a sum of Rs. 15,000/- from the complainant for installation of an electricity meter. Acting upon the complainant’s report, a trap team was constituted, and the applicant was purportedly caught red-handed with the said amount in his possession. Learned counsel for the applicant contends that the mandatory provisions under Section 105 BNSS have not been complied with and no photographic evidence of the alleged trap operation has been produced. It is further submitted that the offence in question is punishable with imprisonment of up to seven years, the applicant has no criminal antecedents, and has been in custody since 14.11.2024. The charge sheet has already been submitted, and the applicant undertakes to extend full cooperation during the trial. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. On the other hand, learned AGA has opposed the bail plea, asserting that both demand and acceptance of illegal gratification are clearly established. Versus Counsel for Applicant(s) : Purnendu Chakravarty, Pradeep Kumar Rai, Praveen Kumar Shukla, Shivanshu Goswami, Vivek Kumar Shukla Counsel for Opposite Party(s) : G.A. Sanjeev Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Considering that the alleged offence is punishable up to seven years, the applicant has remained in custody since 14.11.2024 without any prior criminal history, and keeping in view the undertaking furnished by him to cooperate in the trial proceedings, this Court is satisfied that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Sanjeev Sharma, involved in F.I.R. no.016/2024 dated 14/11/2024, Section-7/13(1)(b) read with 13(2) of Prevention of Corruption Act, P.S.-Anti-Corruption, Kanpur, U.P., District-A.C.O., U.P., be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 8, 2025 R.C. BAIL No. 1544 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench