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2025 DAILYLAW 39694 (ALL)

VIKASH SHARMA v. STATE OF U.P.

BAIL/11883/2025 · 2025-08-10

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135629 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11883 of 2025 Applicant :- Vikash Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Status report along with affidavit filed on behalf of State is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that the F.I.R. was lodged against two accused persons including the applicant with the allegation that these two accused on the pretext of providing monetary help of two lakh rupees to the informant from Prime Minister Fund, got opened bank account of the informant in Canara Bank, but two lakh rupees did not come in to the informant's account. After four-five days these accused took ATM card of the informant and they got registered their mobile number in place of informant's number. Learned counsel further submits that no transaction was done in the account of applicant from the informant's account, thus, false allegation has been made against him. So far as alleged recovery of bank passbook and ATM card of the informant shown to be recovered from the possession of applicant, there is no independent witness of the alleged recovery and the same has been implanted upon the applicant. 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 21.02.2025 with no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. 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. 6. Let the applicant-Vikash Sharma, be enlarged on bail in Case Crime No. 63 of 2025, under Sections 318(4), 338, 336(3), 352 of B.N.S., Police Station- Etmadaullah, District- Agra, 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 any 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. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 11.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad