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2025 DAILYLAW 28140 (ALL)

SACHIN v. STATE OF U.P.

BAIL/8622/2025 · 2025-03-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36505 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8622 of 2025 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 27 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station Hariparvat, District Agra during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The registered agreement to sell in favour of the applicant and co-accused Omprakash was executed by an imposter. The stamps as well as sale consideration were paid by the applicant. The applicant himself is the victim of the fraud. The applicant is in jail since 29.01.2025, having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the agreement to sell was executed in favour of the applicant. The sale consideration was duly paid. At this stage there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one month and there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sachin, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. 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 :- 12.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad