Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 82036 (ALL)

ABHILASH SHARMA v. State of U.P.

BAIL/29063/2024 · 2025-04-28

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:67061 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29063 of 2024 Applicant :- Abhilash Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Jamaluddin Khan,Neeraj Kumar Pandey,Rajnish Dubey,S. I. Ahmad,Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Shri Chandan Singh, the learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Abhilash Sharma, is seeking bail in Case Crime No. 64 of 2024, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Loni Border, District Ghaziabad. 3. The F.I.R. was lodged by the mother of the applicant alleging therein that applicant executed sale deed in favour of his wife showing himself the owner of the house for making forged documents. 4. Learned counsel for the applicants submits that applicant is innocent and has falsely been implicated in the case. Learned counsel for the applicant further submits that false allegation has been made for commissioning of crime. The informant who is mother of the applicant had himself executed power of attorney in favour of the applicant on her own free will in the year 2016. On the basis of said power of attorney when the applicant executed sale deed in favour of his wife the dispute arose, thereafter, the present F.I.R. has been lodged with false allegations. The dispute is purely civil in nature and no case is made out against the applicant. Learned counsel for the applicant further submits that applicant is languishing in jail since 05.07.2024, having no criminal history. 5. Per contra, learned A.G.A. while opposing the prayer for bail of the applicant has submitted that though the applicant is the son of the informant, but he is actively involved in the crime. In the C.D.- 2 it has the Sub Registrar has proved that the alleged power of attorney is forged as it has not been registered in the records. Thus, the applicant had actively participated commission of offence by making forged power of attorney in his favour and thereafter executed sale deed of the said property in his wife, therefore, the applicant does not deserve any indulgence. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Abhilash Sharma, is rejected. Order Date :- 29.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad