Ashish Sharma Vs State of U.P.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 309 of 2025, under Sections 111(4) B.N.S. and 3/5/25 Arms Act, Police Station Gandhi Park, District Aligarh during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Recovery of country made pistols, live cartridges and instruments used in manufacturing of firearm has been shown from an open place. The said place does not belong to the applicant. The recovery is false and planted. There is no independent witness to the alleged recovery. 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 23.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial,

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BAIL No. 30594 of 2025

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and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Ashish Sharma, 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 Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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