Smt. Shashibala Sharma Vs State of U.P.

Neutral Citation No. - 2025:AHC:136109

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17259 of 2025

Applicant :- Smt. Shashibala Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the applicant is named in the F.I.R. along with three other accused. Learned counsel further submits that on the pretext of providing government job to the informant the co-accused, Harshit Sharma, who happens to be the son of applicant, took twelve lakh rupees and thereafter provided a false and forged joining letter to the informant. The allegation against the present applicant is that the alleged money was transferred into the account of applicant on the instruction of co-accused, Harshit Sharma. Thus, specific allegation is against the co-accused, Harshit Sharma and the applicant has been falsely implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that there is a criminal history of one case against the applicant in which she has been granted bail today itself. The applicant is in jail since 03.10.2024.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserve any indulgence.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Smt. Shashibala Sharma , be enlarged on bail in Case Crime No. 152 of 2023, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station- Rakabganj, District- Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 11.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Smt. Shashibala Sharma v. State of U.P.

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