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2025 DAILYLAW 68675 (ALL)

CHHOTU SHARMA v. STATE OF U.P.

BAIL/21939/2025 · 2025-09-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21939 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vivek Kumar Pal, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.186 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Section 60/63 Excise Act and 207 of M.V. Act, Police Station- Gyanpur, District- Bhadohi, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant has been made an accused only on the basis of him being the owner of the said Truck, but he has nothing to do with the said offence. The co-accused person Sukhdev Singh, who was arrested at the spot, has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 18.12.2023 passed in Criminal Misc. Bail Application No.54374 of 2023. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 19.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Janardan Yadav, Vivek Kumar Pal Counsel for Opposite Party(s) : G.A. Chhotu Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant is the owner of the said vehicle and co-accused person, who was arrested at the spot, has already been enlarged on bail, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Chhotu Sharma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Vikas Verma BAIL No. 21939 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad