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2025 DAILYLAW 65198 (ALL)

SACHIN SHARMA ALIAS MONU v. STATE OF U.P.

BAIL/19030/2025 · 2025-07-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105863 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19030 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. Heard Shri Sunil Kumar, learned counsel for the applicant, Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sachin Sharma Alias Monu, seeking enlargement on bail in Case Crime No. 31 of 2025, under Sections 318 (4), 316 (2), 351 (2), 338, 336 (3), 340 (2), 111 (2) (B) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gunnaur, District Sambhal. 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 28.4.2025. Learned counsel for the applicant submits that earlier the applicant was granted protected by the Division Bench of this Court in Crl. Misc. Writ Petition No. 3841 of 2025 decided on 6.3.2025. Later, during investigation, Section 111 (2) (B) of BNS has been added and the applicant has been put behind the bar. Learned counsel for the applicant submits that requisite 03 ingredients of Section 111 BNS has not been attracted against the applicant. Learned counsel for the applicant submits that co-accused Onkareshwar Mishra Karan, whose role is identical to that of applicant, has been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 20917 of 2025. He has 08 cases of criminal antecedent, which have sufficiently been explained in Para 45 of the affidavit filed in support of bail application 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. Learned AGA has vehemently opposed the prayer for bail but unable refute the submissions made by learned counsel for the applicant on Section 111 of BNS. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sachin Sharma Alias 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 7.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad