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2025 DAILYLAW 49078 (ALL)

BRIJESH SHARMA v. STATE OF U.P.

NABAIL/3241/2025 · 2025-05-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84471 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3241 of 2025 Applicant :- Brijesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Satish Chandra Sinha Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.3020 of 2007, under sections 419, 420, 467, 468 and 120B I.P.C., P.S. Nandganj, District Ghazipur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was the marginal witness of the alleged sale deed executed on 9.5.2007. The applicant only identified the person executing the sale deed. With regard to the contends of the sale deed, the applicant had no knowledge. No amount was credited in the account of the applicant. The applicant was not the beneficiary of the illicit transaction. The co-accused Suresh Chandra Ram has been granted anticipatory bail by this Court vide order dated 4.10.2024 passed in Criminal Misc. Bail Application No. 7807 of 2024. Further, Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the applicant was the marginal witness of the alleged sale deed executed on 9.5.2007, no amount was credited in the account of the applicant, the co- accused Suresh Chandra Ram has been granted anticipatory bail by this Court, at this stage there is no credible evidence to link the applicant with the offence, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Brijesh Sharma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 20.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad