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2025 DAILYLAW 26656 (ALL)

SUMIT AGARWAL v. STATE OF U.P.

BAIL/8430/2025 · 2025-03-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35222 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8430 of 2025 Applicant :- Sumit Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Raghuvansh Misra, counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 28 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station- Shahganj, District- Agra, during pendency of the trial. 3. The allegation in the F.I.R. against the applicant is that he got agreement to sale executed and on the basis of the same the record of the registry department was manipulated. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is not the custodian of the record of deeds. There exists no discrepancy in the deeds relating to the applicant. The aforesaid agreement was cancelled on 20.09.2024. The F.I.R. was lodged on 21.01.2025. Without execution of sale deed, no revenue entry can be made/manipulated in the record. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 21.01.2025, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 6. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the agreement to sale was cancelled on 20.09.2024. The first information report was lodged on 21.01.2025. Without execution of sale deed, no revenue entry can be made/manipulated in the record. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Sumit Agrawal involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad