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Neutral Citation No. - 2025:AHC:118627 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23193 of 2025 Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the the incident is alleged to have taken place between 01.07.2024 to 29.11.2024 whereas the F.I.R. has been lodged on 28.03.2025 without there being any plausible explanation of such an inordinate delay. He further submits that the allegation against the applicant is that he has not deposited the Rs. 9,25,168/- in the company namely, Bharat Finance E. Ltd. IndusInd Bank. Learned counsel for the applicant that the applicant was an employee of the company on 01.08.2022 as a Field Assistant Trainee, whose job was to push the loanee to deposit the loan instalment in the bank but under the direction of his superiors he often collect the loan instalment.
Learned counsel has drawn attention of this Court to the statement of Mukesh Kumar the Branch Manager of the company, who has specifically stated that when in the month of November 2024 the applicant had left the job one customer made a complaint and till he was in job he had deposited the entire instalments no complaint was ever made against him. It is thus contended that no offence has been committed by the applicant and when the applicant left the job, the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also
been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.05.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Sachin Kumar involved in Case Crime No.88 of 2025 under Sections 318(4), 316(2), 316(5) of B.N.S., Police Station Mansoorpur, District Muzaffar Nagar, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of breach of any of the above condition, the trial Court
shall be at liberty to cancel the bail of the applicant in accordance with law.
7. The bail application is allowed.
Order Date :- 21.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad