VIKRAM SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10028/2025 · 2025-10-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202644 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202644 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10028 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in FIR No.0562 of 2023 under Sections 419, 420, 467, 468, 471, 409 IPC and Section 66 of I.T. Act, Police Station Kotwali Nagar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2023 against an unknown person stating that Rs.3,25,22,713/- were transferred from the bank account of Nagar Palika Parishad, Raibareli by committing cyber fraud and the amount was transferred to the bank accounts of some firms. 4. During investigation, it was found by the Investigating Officer that the mobile number used for transferring the money belongs to the applicant and the co-accused, Jaswant Sharma. The co-accused, Jaswant Sharma, has already been granted bail by a Coordinate Bench of this Court vide order dated 26.08.2025 passed in Criminal Misc. Bail Application No. 8008 of 2025. 5. Learned counsel for the applicant submits that the present case is the outcome of a malicious and biased investigation. As per the FIR, Girish Bahadur Singh was having the custody of digital signature of President (Adhyaksha) and Executive Officer (Adhishashi Adhikari) of Nagar Palika Parishad, Raebareli. However, for reasons best known to the him, Girish Bahadur Singh has not been arrayed as an accused in the present case. 6. Learned counsel for the applicant submits that the applicant has duly explained the criminal history of one case in paragraph 23 of the bail application. The applicant seeks parity with the bail order of co-accused Jaswant Sharma, who has already been granted bail. Versus Counsel for Applicant(s) : Anurag Kumar Singh, Pushpendr Kumar Singh Counsel for Opposite Party(s) : G.A. Vikram Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 8. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 9.
I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 10. On due consideration of the bail order passed in favour of co-accused Jaswant Sharma; the fact that the applicant has explained the criminal history of one case; the applicant being in custody since 20.06.2025; the charge sheet having been filed in the matter; and the fact that Girish Bahadur Singh, who was in possession of the digital signature certificates of the President and Executive Officer of Nagar Palika Parishad, Raebareli, has not been made an accused in the present case; and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant Vikram Sharma be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued BAIL No. 10028 of 2025 2
and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). 13. 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. October 28, 2025 Madhu D.R/P.S BAIL No. 10028 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench