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Neutral Citation No. - 2025:AHC:114102 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18750 of 2025 Applicant :- Sachin Sharma Alias Monu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Sunil Kumar, learned counsels for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sachin Sharma @ Monu, seeking enlargement on bail in Case Crime No. 26 of 2025, under Sections 318 (4), 316 (2), 338, 336 (3), 340 (2), 111 (2) (B) BNS, Police Station Gunnaur, District Sambhal. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Sambhal at Chandausi, vide order dated 14.05.2025.
3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.04.2025.
Learned counsel for the applicant submits that the applicant is not named in the FIR and has not arrested on the spot. The applicant has also not named by any accused persons. The applicant did not commit any offence and having no concern with the alleged offence. The name of the applicant has surfaced during course of investigation in the statement of co-accused Omkareshwar Mishra Karan and Amit, who have been arrested in Case Crime No. 13 of 2025 and the name of the applicant has also been added as accused in eight cases on the basis of statements of co-accused Omkareshwar Mishra Karan and Amit just in order to false implication of the applicant in these cases at the instance of the Additional Superintendent of Police, Sambhal. It is submitted that the applicant is a simple businessmen and having no any criminal case before 18.01.2025 and, thereafter the police have shown the applicant as accused in 8 criminal cases, which has been explained in para 43 of the affidavit filed in support of the bail application. There is no allegation against the applicant that he committed cheating, forgery and making forged and fabricated documents and
using them. It is next submitted that even if the entire allegation of the FIR may be taken to be correct on its face value, then no offence under the aforesaid sections is made out against the applicant and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicant, Sachin Sharma @ Monu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad