Ashish Kumar Sharma Vs State of U.P. (Allahabad High Court)
Allahabad HC Grants Bail to Bank Employee
The Allahabad High Court considered Ashish Kumar Sharma’s bail application in Case Crime No. 142 of 2026 under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5), 61(2) BNS and Sections 66(C), 66(D) of the IT Act. The applicant’s counsel submitted that he was innocent, had been falsely implicated, was merely an employee of Unity Small Finance Bank, and had no connection or money trail relating to the alleged GST fraud. It was also submitted that he had no criminal history and had been in jail since 30.04.2026. The State opposed the bail application, but the applicant’s submissions could not be disputed.
Considering the facts, submissions, evidence on record and without expressing any opinion on the merits, the Court prima facie found that the applicant had made out a case for bail and allowed the application. The applicant was directed to be released on bail upon furnishing a personal bond and two sureties, subject to verification, with conditions against tampering with evidence or intimidating witnesses and requiring appearance before the trial court. Breach of conditions may result in cancellation of bail, and the observations were stated not to affect the trial on merits.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. List has been revised.
2. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.142 of 2026, under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5), 61(2) BNS and 66(C), 66(D) I.T. Act, Police Station Barra, District Kanpur Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant has nothing to do with the said GST fraud. He has simply an employee in Unity Small Finance Bank. There is no money trail or other connectivity of the applicant in the instant matter. The applicant has no criminal history and is in jail since 30.4.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed.
6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Ashish Kumar Sharma, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
