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2025 DAILYLAW 63102 (ALL)

RAVI SHARMA v. STATE OF U.P.

BAIL/18486/2025 · 2025-07-02

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103005 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18486 of 2025 Applicant :- Ravi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Bharat Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 26 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2), 111(2Kha) B.N.S., Police Station Gunnaur, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits, however, this is second bail application but his first bail application was dismissed as withdrawn, therefore, till date bail application of the applicant has not been disposed off on merit. 4. He further submits, as far as merit of the case is concerned, however, as per allegation, applicant along with others duped the informant and misappropriated the amount of life insurance of her husband but entire allegation leveled against the applicant is totally false. 5. He further submits, even applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Akash Yadav and after considering the entire facts of the case co-accused Akash Yadav has been released on bail by this Court vide order dated 20.05.2025 passed in Criminal Misc. Bail Application No. 13443 of 2025 and on facts, case of applicant is at par with him. 6. He further submits that however, applicant was not having any criminal history but when he was arrested in the present matter then subsequently he has also been roped in five other cases with almost similar allegations and his entire criminal history has been explained in the instant bail application. 7. He further submits that in the present matter applicant is in jail since 21.2.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is second bail application filed on behalf of the applicant but first bail application of the applicant has been dismissed as withdrawn. 11. Further, as far as merit of the present case is concerned applicant was not named in the FIR and during investigation he has been made accused in the present matter. It further reflects that however, his name was disclosed by witness Prempal but from the perusal of his statement recorded during investigation which has been annexed along with the instant application it reflects that he without any cogent evidence very casually disclosed his name along with other accused persons. 12. Further, from the record it also reflects that during investigation co-accused Akash Yadav and Krishna Avtar were also made accused with almost similar allegation and they have been released on bail by this Court vide orders dated 20.5.2025 and 29.5.2025 passed in Criminal Misc.Bail Application Nos.13443 of 2025 and 18198 of 2025 respectively. 13. Further, however applicant was not having any previous criminal history to his credit but along with the present matter with similar allegation he has also been roped in five other cases with almost similar allegation and his criminal history has been explained in the instant bail application. 14. Further, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents bail application of an accused should not be withheld. 15. Further, in the present matter applicant is in jail since 21.02.2025. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Ravi Sharma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 3.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad