Bittu Sharma vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Bittu Sharma vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Bittu Sharma released on bail in Case Crime No. 160/2024 (Sections 115(2), 352, 351(2), 351(3), 109 BNS, P.S. Mundali, District Meerut) on furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to five enumerated conditions; trial court free to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant, Bittu Sharma, accused in Case Crime No. 160/2024 under Sections 115(2), 352, 351(2), 351(3) and 109 of the Bharatiya Nyaya Sanhita at P.S. Mundali, District Meerut, and in judicial custody since 10.08.2024, should be released on bail in his second bail application. +2 more

Court's answer

On a holistic consideration of the arguments of both sides, the material facts and circumstances on record, the nature of the evidence, the absence of any concrete opposing material, and the absence of any likelihood of tampering with the available material, the Court was of the view that there are fit grounds to release the applicant on bail.

Ratio / Principle

The applicant was ordered to be released on bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the enumerated conditions (no tampering with prosecution evidence; no intimidation of witnesses or the victim/complainant; compliance with court orders and regular attendance during trial; no misuse of bail liberty or engagement in criminal activity; no inducement, threat or promise to witnesses or police officers).

Key takeaways

The bail order was passed without expressing any opinion on the merits (guna-dosh) of the case.ratio¶¶17
In the event of breach of any of the bail conditions, the trial court shall be free to cancel the applicant's bail in accordance with law.ratio¶¶25

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) allowed the second bail application of Bittu Sharma seeking release in Case Crime No. 160/2024 under Sections 115(2), 352, 351(2), 351(3) and 109 of the Bharatiya Nyaya Sanhita, P.S. Mundali, District Meerut; his first bail application No. 46770/2024 had been rejected by this Court's order dated 24.4.2025. Relying on a supplementary affidavit dated 09.09.2025 highlighting that prosecution witness No. 2 (Anuj Kumar) was declared hostile after stating that he knew Ramratan Sharma and Bittu Sharma but that they did not assault him, and noting that the applicant was in custody since 10.08.2024, the Court held — considering the nature of the evidence, the absence of any concrete opposing material and the absence of any likelihood of tampering — that fit grounds existed to release the applicant on bail. Without commenting on the merits of the case, bail was granted on a personal bond and two sureties of the like amount, subject to conditions (no tampering with evidence, no intimidation of witnesses/victim, compliance with orders and regular trial attendance, no misuse of liberty or criminal activity, no inducement/threat/promises to witnesses or police); the trial court was left free to cancel the bail in case of breach of any condition.