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2025 DAILYLAW 68828 (ALL)

ANKIT SHARMA v. STATE OF U.P.

BAIL/22178/2025 · 2025-07-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110986 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22178 of 2025 Applicant :- Ankit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Jai Kishan,Zahid Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Sandeep Kumar, learned counsel, under the authority of Shri Zahid Khan, learned counsel for the applicant and Sri S.K.Rai, learned AGA-Ist, for the State-Respondent. 3. The instant bail application has been filed seeking release of the applicant Ankit Sharma, on bail in Case Crime No. 14 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2) and 11 (2) b B.N.S., Police Station Kudhfatehgarh, District-Sambhal during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation when some accused persons were arrested in connection with some other case then they disclosed the name of the applicant by stating that applicant also involved in the present crime and thereafter, he has been made accused in the present matter. 5. He further submits that except confessional statement of the applicant and statement of the co-accused before the police, there is no cogent and admissible evidence against the applicant on record. 6. He further submits that the main accused Sachin Sharma @ Monu and co-accused Ravi Sharma, who were also made accused during investigation, have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 18746 of 2025 and Criminal Misc. Bail Application No.15627 of 2025, vide orders dated 29.05.2025 and 16.05.2025. 7. He further submits, however, applicant has also been challaned for offence under Section 111 B.N.S. i.e. organized crime but he was not having any previous criminal history and alongwith the present matter, he has also been made accused in as many as five other cases but his entire criminal history has been explained in the instant bail application. 8. He further submits that applicant is in jail in the present matter since 16.05.2025. 9. Per contra, learned AGA-I however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, as per allegation, applicant and other accused persons duped the informant and misappropriated the amount of life insurance policy of her husband but it reflects, applicant was not named in the FIR and during investigation when some of the accused arrested in connection with some other case then they disclosed the name of the applicant and thereafter, he has been made accused in the present matter. It further reflects, except confessional statement of the applicant and statement of the co- accused before the police, there is no cogent and admissible evidence against the applicant on record. 12. Further, however, applicant has also been challaned for offence under Section 111 B.N.S. i.e. organized crime but he was not having any previous criminal history. Record further suggests, however, apart from the present case, he is having criminal history of four other cases but it reflects, simultaneously alongwith the present matter, he has also been made accused in these cases and his entire criminal history has been explained in the instant bail application. 13. Further, applicant is in jail in the present matter since 12.03.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ankit 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 her 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. 17. 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. 18. 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 :- 11.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad