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2025 DAILYLAW 33742 (ALL)

SONU KUMAR SHARMA v. STATE OF U.P.

BAIL/10245/2025 · 2025-04-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67259 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10245 of 2025 Applicant :- Sonu Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Narayan Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Vikas Narayan Rai, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record. 2. 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. 472 of 2020, under Sections 135 of the Electricity Act, Police Station Anti Power Theft, District Ballia. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to enmity and is languishing in jail since 18.03.2025. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant has not theft any electricity but the inspection team illegally made assessment and imposed excessive/unrealistic assessment along with penalty. Applicant has no commercial connection and he never used any building and cutting machine, he is a labour and earning his livelihood by labour work. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Sonu Kumar Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad