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2025 DAILYLAW 51971 (ALL)

SMT. SHASHIBALA SHARMA v. STATE OF U.P.

BAIL/15062/2025 · 2025-05-18

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:83611 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15062 of 2025 Applicant :- Smt. Shashi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 360 of 2023, under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station Sadar Bazar, District Agra during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is 60 years old lady and has not committed any offence as alleged in the F.I.R. It is further submitted that her son i.e. co-accused Harshit Sharma was working in the JalKal Vibhag. On pretext of her son, the money was transferred in her account and she was not aware about such transaction. She is totally innocent lady. She has been falsely implicated in the said case. It is next submitted that the applicant is languishing in jail since 03.10.2024. The applicant has criminal history of two cases, which has been explained in para 35 of the paper book. It is submitted that the investigation has been completed and charge-sheet has been filed on 28.11.2024. It is also informed that the court concerned has already taken cognizance on 01.01.2025. It is also submitted that there are no chance for completion of trial in near future. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the argument advanced by learned counsel for the applicant. 4. Heard Sri Gaurav Srivastava, learned counsel for the applicant as well as Sri Rakesh Kumar Mishra, learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is 60 years old lady. The investigation has been completed and charge-sheet has been filed and the court concerned has already taken cognizance. The applicant is languishing in jail since 03.10.2024. The criminal history of two cases has been explained in para 35 of the paper book. There are no material brought on record to establish that if the applicant will grant bail, she will not cooperate with the trial or she may influence the witness or tamper the evidence. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above,without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Shashi Sharma who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad