Lavi Alias Udit Sharma v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31057 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.

¶1Heard Shri Siddharth Chaudhary, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶2Learned counsel for the applicant submits that applicant is named in the F.I.R. along with four other accused persons. In the F.I.R. as well as in the statement of informant it has been alleged that all the accused persons caused gun shot injury to the injured. The injured sustained two gunshots injury, one is entry wound and another is exit wound. The injured in his statement has specifically stated that on the date of occurrence four co-accused intercepted him and one accused-Khushdil fired one gun shot on him which went through in his right thigh. Thus, learned counsel submits that since there is one gunshot injury and the main allegation of causing that injury has been assigned by the injured to the co-accused, Khushdil and that no specific allegation has been made against the applicant, therefore, applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since

15.07.2025, with no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on Versus Counsel for Applicant(s) : Desh Ratan Chaudhary, Siddharth Chaudhary Counsel for Opposite Party(s) : G.A. Lavi Alias Udit Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

¶5Let the applicant-Lavi Alias Udit Sharma, be enlarged on bail in Case Crime No. 638 of 2025, under Sections 191(2), 191(3), 109(1) of B.N.S., Police Station-Khurja Nagar, District-Bulandshahar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶6In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 26, 2025 Mustaqeem. BAIL No. 31057 of 2025 (Dr. Gautam Chowdhary,J.) High Court of Judicature at Allahabad