Lav Kumar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47082 of 2023 Applicant :- Lav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged alleging that the three persons had caused gunshot injuries to the son of the informant. It is argued by counsel for the applicant that cross-FIRs were lodged at the instance of the informant as well as the applicant herein. He further argues that even a third FIR was lodged at the instance of the police against both the parties. He draws my attention to the medical report on record which indicate gunshot injury on the right leg below the knee joint. The applicant has no criminal antecedent.

¶3Learned AGA has opposed the bail application.

¶4Considering the injury to be on a non-vital part and the present case being a case of cross-FIRs coupled with the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Lav Kumar be released on bail in FIR No.537 of 2023, under Section 323, 307, 34 IPC & Section 5/25 of Arms Act, P.S. Banna Devi, District Aligarh on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 6.11.2023/nishant High Court of Judicature at Allahabad