Sanjeev Pathak Alias Sudhir Sharma Vs State of U.P.

Neutral Citation No. - 2025:AHC:142893

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27671 of 2025

Applicant :- Sanjeev Pathak Alias Sudhir Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pathak,Jawahar Lal Dubey,Surya Prakash Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Jawahar Lal Dubey, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned A.G.A. for the Staterespondent.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.418 of 2021, under Sections 419, 420, 467, 468, 471, 406, 504, 120-B, 473 IPC, Police Station Sigra, District Varanasi, during pendency of the trial.

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Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation he has been made accused in the present matter.

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He further submits that even from perusal of the FIR, it reflects that it was a simple case of business transaction but inspite of that informant lodged the FIR of the present case against co-accused Rahul Singh and Vishal Sharma.

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He further submits that even co-accused Rahul Singh and Vishal Sharma have been released on bail by this Court and their bail orders have been annexed alongwith the instant bail application.

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He further submits that all the alleged offences are triable by Magistrate.

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He further submits that however, apart from the present case, applicant is having criminal history of eleven other cases but his criminal history has been explained in the instant bail application and almost in all the cases, he is on bail.

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He further submits that applicant is in jail in the present matter

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since 21.09.2021 i.e. for last almost four years.

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Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard both the parties and perused the record of the case.

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From the record, it reflects that during investigation, applicant has been made accused and considering the allegations made in the FIR, the argument advanced by learned counsel for the applicant that no offence of cheating and forgery is made out, cannot be ruled out.

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Further, co-accused Rahul Singh and Vishal Sharma who were named in the FIR have been released on bail by this Court.

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Further, however, apart from the present case, applicant is having criminal history of eleven other cases but his criminal history has been explained in the instant bail application and almost in all the cases, he is on bail.

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Further, all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 21.09.2021 i.e. for last almost four years.

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Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be dismissed.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Sanjeev Pathak Alias Sudhir 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the

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case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 20.8.2025

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Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Sanjeev Pathak Alias Sudhir Sharma v. State of U.P.

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