Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125745 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24934 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.
1. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Anil 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, Sachin Sharma @ Monu, seeking enlargement on bail in Case Crime No. 142 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 111 (2) (B) BNS, Police Station- Razpura, District- Sambhal. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 26.06.2025. He has criminal antecedent of 9 cases, which has been explained in para 25 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the applicant is named in the FIR but he was not arrested on the spot. Nothing has been recovered from the possession of the applicant or on his pointing out. There is no direct, indirect or circumstantial evidence against the applicant to connect the applicant with the crime in question. There is no forgery committed by the applicant in relation to any document at any point of time and no forged document has been collected by the investigating officer, as such in absence of aforesaid document, it cannot be said that the applicant committed forgery in any document with intention to use it for the purpose of cheating, as such no offence under Section 336 (3) BNS is made out. No offence section 61 (2) BNS is made out against the applicant as there is no evidence of any nexus
between the applicant and other co-accused persons. The applicant has no motive to commit the crime in question 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6.
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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sachin Sharma @ 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. 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. 9. 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 :- 28.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad