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Neutral Citation No. - 2025:AHC:129066 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5885 of 2025 Applicant :- Rajesh Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.126 of 2002, under section 419, 420, 467, 471, 468, 504, 506, 120B I.P.C., P.S. Jagdishpura, District Agra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant neither executed the sale deed nor he is a beneficiary of the alleged transaction. Vague and general allegations have been levelled against him. After investigation, charge-sheet was submitted against the applicant and other accused and summons were issued. Thereafter, the applicant along with others preferred a Criminal Revision no. 1281 of 2004 (Smt. Sudha Sharma and others vs. State of U.P. and others). This court vide order dated 24.3.2004 stayed the proceedings of the present case. On 17.7.2017 the aforesaid revision was dismissed. The applicant has no knowledge about the dismissal of the revision. No coercive process have been issued by the court concerned. It is contended that the co-accused Pramod Kumar Upadhyay, Smt. Jagriti and Tulsiram have been granted anticipatory bail by this court vide orders dated 2.3.2023, 20.4.2023 and 9.5.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 912 of 2023, 2959 of 2023 and 4496 of 2023 respectively. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that vague and general allegations have been levelled against the applicant, the co-accused Pramod Kumar Upadhyay, Smt. Jagriti and Tulsiram have been granted anticipatory bail by this court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6.
In the event of arrest, the applicant Rajesh Kumar Sharma, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 1.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad