Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 97946 (ALL)

MUKESH SHARMA AND ANOTHER v. STATE OF U.P.

BAIL/32239/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32239 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ganesh Kumar, learned counsel for the applicants, Sri Pankaj Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.220 of 2025, under Sections 3/4/5/6/7 of Immoral Traffic (Prevention) Act, Police Station-Harraiya, District-Basti, during the pendency of trial. 4. As per prosecution story, the applicants and one Rahul Yadav are stated to have been found involved in immoral trafficking of young girls, by the police and several other indecent material pertaining to immoral trafficking was also recovered from the place of arrest of the applicants. 5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The allegations are per se false. The victims recovered by the police are all major as such, it is a clear cut case of false implication. There is no allegation against the applicants of having forced any lady into flesh trade. There is no criminal history of the applicants. The applicants are languishing in jail since 20.08.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ganesh Kumar Counsel for Opposite Party(s) : G.A. Mukesh Sharma And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants- Mukesh Sharma and Mithun Gautam, who is involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 6, 2025 Karan BAIL No. 32239 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad