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2025 DAILYLAW 112618 (ALL)

BITTU SHARMA v. STATE OF U.P.

BAIL/46770/2024 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63470 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46770 of 2024 Applicant :- Bittu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.,Ram Kumar Yadav Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, Sri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Bittu Sharma has filed the instant bail application with a prayer to enlarge him on bail in Crime No.160 of 2024, under Sections 115 (2), 352, 351(2), 351(3), 109 B.N.S., Police Station Mundali, District Meerut, during the pendency of the trial. 3. The prosecution story in brief is that on 22.07.2024 at about 08:30 A.M. the informant's cousin brother had gone to his field when he reached the filed, his neighbours Narendra alias Mange, Ram Ratan, the applicant and one unknown person started abusing him on resistance, all the accused persons had assaulted upon his with hard blunt spade, lathi and danda. On alarm several villagers were gathered, immediately they ran away after giving threatening. 4. Learned counsel for the applicant submits that there is a land dispute between the informant and applicant's family on account of which, the applicant has been falsely implicated in the present case. He further submits that general role has been to all the accused persons in the F.I.R. and therefore, it is not known as to who is the author of the injury. It is thus contended that the applicant has been falsely implicated in the present 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 him. He next submits that applicant is languishing in jail since 10.08.2024. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that there is specific allegation against the applicant. He next submits that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Perusal of the record shows that the injured in his statement has specifically stated that the applicant had assaulted upon his head by spade, thus specific role of causing injury has been assigned to the applicant in which one of the injury sustained by the injured is also grievous in nature. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application of the applicant-Bittu Sharma stands rejected. Order Date :- 24.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad