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2025 DAILYLAW 82490 (ALL)

YASH SHARMA v. STATE OF U.P.

BAIL/27874/2025 · 2025-08-20

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143307 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27874 of 2025 Applicant :- Yash Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Madan Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 136 of 2025, under Section 7A P.C. Act, Police Station Rajpura, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged under Sections 115(2), 352, 191(2), 103(1) B.N.S. with regard to a murder and applicant was not named in the FIR but during investigation he has been made accused in the present matter with the aid of Section 7A P.C. Act with the allegation that he sent the post mortem report of the deceased on Whatsapp of co- accused Raju and for that he received Rs.7,500/- but entire allegation leveled against the applicant is totally false. 4. He further submits, applicant admittedly is a private person and except bald allegation that he received gratification from co- accused Raju there is no evidence in this regard on record. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.06.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record it reflects, FIR of the present case was lodged with regard to a murder and during investigation applicant has been made accused in the present matter and he has been challaned for offence under Section 7A P.C. Act and as per prosecution he was private person who used to type the post mortem and he transferred the post mortem report of the deceased to co-accused Raju and received bribe in this regard from him but it reflects, with regard to bribe there is no cogent evidence against applicant on record. 9. 9. Further, record also suggests that with almost similar allegation one Madhur Arya was also made accused during investigation and he has been released on bail by this Court vide order dated 28.07.2025 passed in Criminal Misc. Bail Application No. 24707 of 2025. 10. Further, for offence under Section 7A P.C. Act maximum punishment is seven years. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.06.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Yash 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 his 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. 15. 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. 16. 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 :- 21.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad