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Neutral Citation No. - 2025:AHC:72595 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6983 of 2025 Applicant :- Sanjeev Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Amul Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 357 of 2024, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Medical, District Meerut during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the instant case due to ulterior motive. 3. Learned counsel for the applicant has submitted that entire allegations are against the co-accused Pooja Sharma wife of the applicant. It is submitted that Pooja Sharma has sold the property and executed a sale-deed. It is also submitted that co-accused Pooja Sharma has filed forged bank documents i.e. no objection certificate and deposit receipt. There is no specific allegation against the present applicant to cheat the informant. It is further submitted that the applicant is languishing in jail since 04.01.2025. It is next submitted that the applicant has no previous criminal history. The charge-sheet has been filed and the court concerned has taken cognizance.Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 4. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as Sri Rajesh
Kumar Gupta, learned AGA for the State and perused the record. 6. After perusing the impugned FIR and other statements which have been brought on record before this Court i.e.case diary, the main allegation for selling the property and submitting the forged documents of the bank i.e. no objection certificate and deposit slip is against co-accused Pooja Sharma. The allegations against the applicant are only that the co-accused Pooja Sharma has talked to the applicant on mobile phone.
I do not find any credible evidence on record at this stage to link the present applicant to the offence as alleged. The charge-sheet has been filed and the cognizance has been taken. The applicant is languishing in jail since 04.01.2025. It is not brought in the notice of the Court that if the applicant grants bail, he may influence the trial and not cooperate with the trial and it is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into
consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed.
7. Let the applicant- Sanjeev Sharma who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.5.2025 Pratima (Chandra Dhari Singh,J.)
Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad