Neutral Citation No. - 2025:AHC:133929 Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11345 of 2025 Applicant :- Prashant Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava,Rajesh Kumar Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "B.N.S.S., 2023") has been filed on behalf of applicant for bail in Case Crime No.82 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short "B.N.S., 2023"), Police Station - Shahganj, District - Agra. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. It is further submitted that the applicant is a property dealer of the said area. It is further submitted that applicant has only given advice to the co-accused, but he has not participated in any commission of offence as alleged. 3. As per the prosecution story the complainant was appointed as Record Keeper in Central Record Room, Tehsil Sadar, on 17.02.2025. It is also submitted that some irregularities were committed by the complainant and regarding that irregularities, the FIR was lodged but the applicant was not named in the F.I.R., his name has come into picture in the statement of co-accused, which is appended as Annexure - 5 of the paper book. 4. Learned counsel appearing on behalf of the applicant submitted that there are no evidence or material on record to establish any offence committed by the present applicant. It is further submitted that for manipulating the documents and the record of record room, is assigned to one co-accused, Raj Kumar. It is further submitted that all the five cases have been leveled against the applicant after the instant case. It is also submitted that out of five cases, he has already been enlarged on bail in four cases. Criminal history of one case has been explained in paragraph 16 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed against the applicant. It is also submitted that co-accused, Chitra Singh has been enlarged on bail by this Court vide order dated 15.04.2025. Applicant is languishing in jail since 17.12.2024. 5. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that the applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 6. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that the applicant is a habitual offender and he is mastermind of commission of offence. There are sufficient material on record for leading the conviction of the applicant. He has not disputed the fact that charge sheet has been filed and co-accused has been enlarged on bail. It is submitted that there is no merit in the instant bail application. 7. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 8. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation and charge sheet has been filed against the applicant. Criminal history of five cases has already been explained. Other co-accused has already been enlarged on bail. Applicant is languishing in jail for about more than seven months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. There are dim chance for conclusion of trial in near future. 9. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 10. Let the applicant - Prashant Sharma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (One Lac) 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 shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 7.8.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad