Allahabad High Court
Ashok Kumar Sharma vs State Of U.P. on 23 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:170865
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29212 of 2025
Ashok Kumar Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Arvind Agrawal
Counsel for Opposite Party(s)
:
G.A.
Court No. - 66
HON'BLE ASHUTOSH SRIVASTAVA, J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Shri Arvind Agrawal, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State and perused the record.
This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 18.12.2024 passed in Criminal Misc. Bail Application No. 21350 of 2024 (Ashok Kumar Sharma Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application.
The applicant- Ashok Kumar Sharma, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 250 of 2024, under Sections 8/18/29/60 of NDPS Act, Police Station Ramgarh, District Firozabad during the pendency of the trial.
In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.
Apart from the above, learned counsel for the applicant submits that charges in this case was framed on 31.7.2025 and after that no prosecution witnesses was being examined. Case is proceeding at a snail's pace. The applicant is aged about 70 years. Learned counsel for the applicant submits that suffering with old age aliments and in the year 2023, he has undergone bye pass surgery and other heart related aliment. He has been falsely implicated in this very case crime number and is languishing in jail since 20.4.2024. He has four case of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Ashok Kumar Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.) September 23, 2025 Ravi Prakash