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2025 DAILYLAW 51474 (ALL)

SACHIN KUMAR SHARMA v. STATE OF U.P.

BAIL/14405/2025 · 2025-10-05

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14405 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is named in the F.I.R. along with seven other accused. Allegation is that all the accused including the applicant run a trading company. The informant and his other family members had made some investment in the company under allurement of lucrative returns but no returns were paid to the informant. The applicant was involved in the business of trading, wherein people used to invest their money. The money which has been lost is part of trading business and no fraud has been committed by the applicant. The money which has been received in the account of applicant is a part of legal transaction and the said money was given in pursuance to make such investment. All the allegations levelled against the applicant are false and fictitious and the applicant has been implicated in the present case falsely just to harass him and to extort the money which has been lost in trading business. It has also been submitted that nine other cases have also been registered against the applicant arising out of similar disputes. 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 Versus Counsel for Applicant(s) : Nitin Kharwar, Sanjeev Kumar Singh, Saurabh Pandey, Saurabh Shukla, Shashank Kumar Counsel for Opposite Party(s) : G.A. Sachin Kumar Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 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. The applicant is in jail since 19.06.2024. 3. 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. 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. 5. Let the applicant-Sachin Kumar Sharma, be enlarged on bail in Case Crime No. 263 of 2024, under Sections 420, 406, 506, 467, 468, 471, 120-B I.P.C., Police Station- Naugawan Sadat, District- Amroha, 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. 6. In case of default of any of the conditions enumerated above, the court BAIL No. 14405 of 2025 2 concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 6, 2025 Mustaqeem. BAIL No. 14405 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad