Neutral Citation No. - 2025:AHC:116311 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20764 of 2025 Applicant :- Gaurav Sharma 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 Rajesh Kumar Singh, 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, Gaurav Sharma, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 111 (2) (Kha) BNS, Police Station Kudh Fatehpur, 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 27.05.2025. 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 19.04.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. The informant has not named the applicant in her statement, which was recorded on 01.02.2025 under Section 180 BNS, nor there is any recovery of any case property or any item related to the present case from the applicant nor he has been named by any co-accused but even then since the accused Omkeshwar Mishra has been made accused in the present case, therefore, the applicant has also been made accused along with him by the investigating officer. It is submitted that after completing investigation the investigating officer has submitted charge sheet against six accused persons including the applicant, under the aforesaid sections. The applicant, who was made accused in Case Crime No. 13 of 2025, under Sections 109, 318 (4), 338, 336 (3), 340 (2) and 111 (2)(b) BNS, the applicant has been falsely made an accused in several other cases. No identification parade was conducted by the investigating officer for identification from the first informant or the witnesses. Nothing has been recovered from the possession of the applicant or on his pointing out. There is no evidence against the applicant to connect with the present crime. Applicant has no motive to commit the crime in question. The applicant was made accused in case Crime No. 13 of 2025, under Sections 318 (4), 336 (3), 338, 340 (2), 111 (2) B, 61 (2) (Ka) BNS, P.S. Rajpura, District Sambhal, and thereafter, he has been made accused in 9 other criminal cases, which have been explained in para 50 to the affidavit filed in support of the bail application. It is submitted that the applicant has not been arrested on the spot. There is no allegation against the applicant that he committed cheating, forgery by making forged and fabricated documents and using them. It is next submitted that even if the entire allegation of the FIR is taken to be correct on its face value, even then no offence under the aforesaid sections is made out against the applicant. It is further submitted that co- accused namely Sachin Sharma @ Monu and Naresh Kumar, have already been granted bail by coordinate Bench of this Court, vide orders dated 16.05.2025 and 16.05.2025 passed in Crl. Misc. Bail application Nos. 15627 of 2025 and 18746 of 2025 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, Gaurav Sharma, 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