Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33341 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicants submits that the F.I.R. was lodged against three unknown persons with the allegation that these accused after getting filled diesel in their car fled away from the petrol pump, the salesman of the petrol pump ran behind them by a motorcycle and intercepted them and asked to make payment then these accused got seated him in their car and left him and they also looted Rs. 5400/- from the salesman of the informant. Learned counsel further submits that when one accused was arrested he made his confessional statement in which he has named the applicant. Thereafter, police arrested the applicants and recovery of one knife and Rs. 1650/- from the applicant-Lukka @ Vishal and Rs. 1520/- was recovered from the applicant-Lavkush, but such recovery is false and implanted upon them as there is no witness of the same. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that there are two cases into the credit of applicant No. 1-Lukka @ Vishal, whereas, the applicant No. 2-Lavkush has no criminal history. Applicants are in jail since 23.07.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. Versus Counsel for Applicant(s) : Shailendra Singh Counsel for Opposite Party(s) : G.A. Lukka Alias Vishal And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
5.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Lukka @ Vishal and Lavkush, be enlarged on bail in Case Crime No. 341 of 2025, under Sections 316(2), 309(4), 317(2) of B.N.S., Police Station- Akrabad, District- Aligarh, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) Applicants shall not tamper with the prosecution evidence. ii) Applicants shall not threaten or harass the prosecution witnesses. iii) Applicants shall appear on the date fixed by the trial court. iv) Applicants shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) Applicants 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. 7. In 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 25, 2025 Mustaqeem. BAIL No. 33341 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad