Allahabad High Court
MOHIT SHARMAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that bail should be granted to the applicant.
Summary
The High Court considered the bail application of Mohit Sharma, who was arrested in connection with a fight alleged under several IPC sections and Section 7 of the Criminal Law Amendment Act. The applicant claimed he was falsely implicated, had only a general role in the FIR, no weapon was recovered, and the injuries were not life‑threatening. He also highlighted that co‑accused in the same case had been granted bail and that he had no prior criminal record. The State opposed bail but could not demonstrate a material difference from the co‑accused. After evaluating the facts, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and further criminal activity.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the offences alleged
- Whether the applicant's alleged role and lack of antecedents justify granting bail
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109(1), 115(2), 125, 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- IPC sections
- false implication
- no antecedents
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15172 of 2026
Mohit Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This bail application has been moved by the applicant seeking
bail in Case Crime No. 230 of 2026, under Sections 191(2), 191(3),
125, 109(1), 115(2), 352, 351(3) BNS, and Section 7 Criminal Law
Amendment Act, police station Bannadevi, district Aligarh during the
pendency of the trial.
3. The learned counsel for the applicant contended that the applicant
has been falsely implicated in the present case. A general role has
been assigned in the first information report. The first information
report speaks of two groups of persons indulging in a fight. The
injured has not assigned any specific role of assault to the applicant.
No recovery of any incriminating article or weapon has been made
from the possession or at the pointing out of the applicant. Learned
counsel for the applicant further contended that the case of the
applicant is at par with that of the co-accused Mohammad Hamza,
who has been granted bail by this Court in Criminal Misc. Bail
Application No. 14726 of 2026, and Shashank Shanker Sharma @
Sankar Pandit @ Shailu, who has been granted bail by this Court in
Criminal Misc. Bail Application No. 14750 of 2026. The applicant has
no criminal antecedents.
4. Learned A.G.A. has opposed the prayer for bail; however, he could
not dispute the fact that the case of the applicant stands on a similar
BAIL No. 15172 of 2026
2
footing to that of the co-accused.
5. I have considered the submissions made by learned counsel for
the parties. The applicant is said to be in jail since 30.3.2026. The
applicant has no criminal antecedents. A general role has been
assigned to the applicant. The injuries as received by the injured
party have not been opined to be dangerous to life. The case of the
applicant is at par with that of the co-accused Mohammad Hamza
and Shashank Shanker Sharma @ Sankar Pandit @ Shailu.
6. Taking into account the above-mentioned facts and circumstances
of the case, I deem it appropriate to grant bail to the applicant.
Accordingly, the bail application is allowed.
7. Let the applicant Mohit Sharma be released on bail in the aforesaid
case on his furnishing a personal bond and two sureties, each in the
like amount, to the satisfaction of the court concerned, subject to the
following conditions
1. The applicant shall not tamper with the prosecution evidence; shall
not pressurize or intimidate the prosecution witnesses; shall appear
before the trial court on each and every date fixed, unless personal
appearance is exempted
2. He shall not indulge in any criminal activity during the pendency of
the trial; and shall not misuse the liberty of bail in any manner
whatsoever.
8. In case of breach of any of the above conditions, the court
concerned shall be at liberty to cancel the bail of the applicant.
9. It is made clear that the observations made in this order are solely
for the purposes of deciding this bail application and shall not be
construed as an expression on the merits of the case.
May 5, 2026
Sumaira
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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