The court allowed bail for the applicant Sumit Sharma in a cheating and forgery case, noting he was arrested post-FIR based on seized documents but lacks other incriminating material.
Applicant released on bail on furnishing a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12647 of 2022
Applicant :- Sumit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Bijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant was not named in the F.I.R. and the allegation is against one Sameer Pandey for having duped the informant by getting the amount deposited in the bank account and thereafter not delivering the truck. It is submitted that the name of applicant has surfaced after police party has searched and arrested the applicant and from his possession passbook of his account, Aadhar card and PAN card have been recovered. It is submitted that no incriminating articles have been recovered from the pointing of applicant. It is submitted that applicant is a mobile sim agent, who is issuing sim to customers on their IDs, which is duly verified by the mobile company and thereafter the same is issued. Though the sim issued by the applicant, but the same cannot be treated that the applicant is involved in crime unless there is other material evidence connecting the applicant with the crime. It is submitted that there is no material evidence connecting the applicant with crime and on the sole basis that applicant is a mobile agent, the criminal liability cannot be fixed. The applicant has no criminal history. Applicant is languishing in jail since 18.01.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but does not dispute the factual matrix.
Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sumit Sharma involved in Case Crime No.
66 of 2021, under Sections 420, 417 IPC and Section 66 (c), 66 (d), Police Station Kuthaund, District Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.4.2022 D. Tamang
Digitally signed by DHIRENDRA TAMANG Date: 2022.04.02 14:58:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, not originally named in FIR, is eligible to be released on bail?
Sumit Sharma
Vikram D. Chauhan
Dhirendra Tamang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
