Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 68819 (ALL)

DEESHU ALIAS HARSHIT SHARMA v. STATE OF U.P.

BAIL/22333/2025 · 2025-07-13

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:112765 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22333 of 2025 Applicant :- Deeshu Alias Harshit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deeshu Alias Harshit Sharma, seeking enlargement on bail in Case Crime No. 36 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(kha), 61(2)(ka) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Rajpura, District- Sambhal. 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 04.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Nitin Chaudhary has already been enlarged on bail by co-ordinate Bench of this Court on 23.06.2025 in Criminal Misc. Bail Application No. 20029 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant 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. It is further argued that no offence under Section 111(2)kha of B.N.S. can be said to be made out against the applicant in absence of any criminal antecedents and charge-sheet. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Deeshu Alias Harshit 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 :- 14.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad