Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24738 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Shri Prem Shankar Sharma, learned counsel for the applicant, Shri Shashank Singh, learned counsel holding brief of learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Satish Sharma, seeking enlargement on bail in Case Crime No. 122 of 2025, under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Alinagar, District- Chandauli. 3. There is allegation in the First Information Report that on 16.04.2025 at about 09:00pm, an altercation took place between the applicant and his wife(deceased) regarding attending the barat of their relative and during the argument the applicant hit the head of the deceased against the wall due to which the deceased sustained grievous head injuries. 4. 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 20.04.2025. Learned counsel for the applicant submits that the witnesses in their statements has stated that due to the altercation, the applicant only pushed the deceased away, but unfortunately her head got hit against the wall which was totally accidental and not deliberate. He further submits that the applicant and the deceased had solemnized love marriage and there was no any dispute between them. 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. Versus Counsel for Applicant(s) : Prem Shankar Sharma Counsel for Opposite Party(s) : G.A. Satish Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Satish 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 8, 2025 Anjali BAIL No. 24738 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad