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Neutral Citation No. - 2025:AHC:93536 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11195 of 2025 Applicant :- Ajay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Onkar Singh, Advocate holding brief of Sri Sachin Malik, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 246 of 2024, under Sections 318(4), 338, 336(3), 340(2), 316(5) of BNS, Police Station - Saroorpur, District - Meerut, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have forged the signatures and stamp of the Principal of the Institution where he was working in and withdrawn an amount of Rs.13.87 lakhs from the agricultural fund.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed and there is no explanation of the said delay caused. The applicant had confessed his mistake in the enquiry undertaken, as such, money is being regularly deducted from his salary. There is no criminal history of the applicant. The applicant is languishing in jail since 07.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking into consideration the fact that the applicant had confessed his guilt and the money is being regularly deducted from his salary coupled by the fact that the case is triable by Magistrate, I find it a fit case to release the applicant on bail. The bail application is allowed.
8. Let the applicant- Ajay Sharma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad