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2025 DAILYLAW 25316 (ALL)

HARSH SHARMA v. STATE OF U.P.

BAIL/8279/2025 · 2025-03-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34436 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8279 of 2025 Applicant :- Harsh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Karuna Nand Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Karuna Nand Tiwari, learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Harsh Sharma seeking enlargement on bail in Case Crime No. 378 of 2024, under Sections 87 and 137 (2), B.N.S. Police Station-Gaughali, District-Mahrajganj. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.11.2024. First Information report has been lodged with a delay of four days on 08.10.2024 for the alleged incident taken place on 04.10.2024, without any plausible explanation with the allegation that the applicant had enticed away the minor daughter of the first informant namely Anushka aged about 13 years. The victim in her statements under Section 180 and 183 B.N.S.S. has stated consensual relationship with the applicant. The victim herself has refused from her medical examination. He has no criminal antecedent 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 learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Harsh 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. Order Date :- 10.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad