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2025 DAILYLAW 96018 (ALL)

SACHIN SHARMA ALIAS MONU v. STATE OF U.P.

BAIL/31705/2025 · 2025-10-06

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31705 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State- opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.287 of 2025, under Sections 318(4), 338, 336(3), 340 (2), 111(2), 61(2) B.N.S., Police Station Junawai, District Sambhal during the pendency of trial. 3. .Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the first information report, the role of forging the Aadhaar Card and opening bank account in the name of the first informant has been assigned to the applicant. It is contended that as per the CD No.5, dated 14.08.2025, the alleged mobile number of co-accused Pramod was linked with the bank account of the informant and his wife. It is contended that at this stage there is no credible evidence to establish that the applicant had any role in forging the Aadhaar Card of the informant and opening the bank account. The applicant is not a beneficiary of any illicit transaction. No amount has been transferred in the said bank accounts by the Insurance Company. The criminal history of 13 cases of the applicant have been explained in paragraph 25 of the bail application. It is next contended that the applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. The applicant is in jail since 16.08.2025 Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Sachin Sharma Alias Monu .....Applicant(s) State of U.P. .....Opposite Party(s) and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant is not a beneficiary of any illicit transaction. No amount was transferred in the bank accounts of the informant and his wife by the Insurance Company. Further, the applicant has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Sachin Sharma alias Monu, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. (Vivek Varma,J.) October 7, 2025 Radhika BAIL No. 31705 of 2025 2 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad