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2025 DAILYLAW 32774 (ALL)

SHARAD GOSWAMI v. State of U.P.

BAIL/10062/2024 · 2025-04-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61324 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10062 of 2024 Applicant :- Sharad Goswami Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged under Section 392 I.P.C. with the allegation that one unknown person had robbed the mobile phone of the informant. Learned counsel further submits that the alleged incident occurred on 28.08.2020 and the F.I.R. was lodged on 25.04.2022, i.e., after 20 months from the date of occurrence without any plausible explanation of delay in lodging of the F.I.R. On 25.04.2022 the police arrested the applicant and made recovery of 91 mobiles from his possession without there being any independent witness. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 25.04.2022. 3. Learned A.GA. for the State has opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Sharad Goswami, be enlarged on bail in Case Crime No. 120 of 2022, under Sections 392, 411, 413, 34, 120-B of I.P.C., Police Station- Pallavpuram, District- Meerut, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad