Amar Sharma Vs State of U.P.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the applicant is named along with one other accused. The F.I.R. alleges that the applicant on the pretext of false marriage developed sexual relations with the victim, when she became pregnant she asked for marriage he got terminated her pregnancy, thereafter, the applicant also took Rs. 70,000/- in cash from her and through her A.T.M. card he also withdrew Rs. 1,20,000/- and a golden chain was also taken by him. The victim in her statements recorded under Section 161 & 164 Cr.P.C. has also reiterated the same version of F.I.R. Learned counsel for the applicant further submits that in the medical examination of the victim no internal or external injury was found on her person and sign of old sexual violence was found and as per her version the victim was 27 years of age at the time of her medical examination. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. the victim was in relationship with the applicant on her own wishes and consensual sexual relations were made between them, and no proof of recent sexual violence was found in her medical examination, thus, victim is a consenting party. Moreover, there is no proof that applicant ever took any money or golden chain from the victim as has been alleged by the victim. Thus, applicant has falsely been 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 he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon

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him. He next submits that applicant is languishing in jail since 23.05.2025, having no criminal history.

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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, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant- Amar Sharma , involved in Case Crime No. 551 of 2025, under Sections 376, 406, 504, 506 I.P.C., Police Station Kotwali, District Deoria, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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The identity, status and residential proof of sureties will be verified by

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court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed.

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(Dr. Gautam Chowdhary,J.)

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October 8, 2025

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Mustaqeem.

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

Amar Sharma v. State of U.P.

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Amar Sharma v. State of U.P.

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