Neutral Citation No. - 2025:AHC-LKO:24366 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3609 of 2025 Applicant :- Utkarsh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A.,Suyesh Pradhan Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Verma, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A-I. for the State and Sri Suyesh Pradhan, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2025, under Sections 191(2), 191(3),190/115(2)/103(1)/109(1)/351(3) BNS (erstwhile Sections 147/148/149/323/302/307/506 IPC) registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.03.2025 against (i) Anmol Puri @ Bala, (ii) five unnamed accomplices and (iii) user of mobile no. 6394543307, stating that while the informant was sitting at his shop at 7.20 P.M., Himanshu Mishra told him that the informant's son Dev Seth was coming with his friend Dhruv on a scooty to the shop. The accused persons were beating him in front of Pushpa Book Depot. The informant went to the spot along with Deepak Gupta and saw the accused persons brandishing pistols. On exhortation of the applicant and Aditya Kashyap, who were present at the shop, the named accused Anmol Puri shot at the chest of his son with intention to kill him. The other accused persons also fired shots which hit in the hand of Aaditya Kashyap. Thereafter all the accused persons ran away. 4. The postmortem examination report mentions a fire arm entry wound over left side front of chest and a fire arm exit wound over right side back of chest and the cause of death has been opined to be shock and hemorrhage as a result of ante mortem fire arm injuries. 5. The copy of relevant extract of case diary has been annexed with the bail application wherein the Investigating Officer has recorded after perusing a CCTV footage that the deceased came on a scooty, the accused persons tried to stop the scooty and push it down, a gun shot can be heard and the accused persons can be seen running away. There is no mention that the applicant had fired the gun shot or assaulted anyone. 6. It has further been stated in the affidavit that the police claimed to have arrested the applicant along with some co- accused persons from near railway station gate on 12.03.2025 at 11.15 A.M. whereas the applicant was taken away from his home at Lakhimpur Kheri on 11.03.2025 at around 9.00 A.M. and he was kept in illegal confinement for about 24 hours and thereafter a false arrest memo has been prepared. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he is pursuing a BA LLB course from private University at Greater Noida. At the time of incident, he had come home for Holi vacations. 8. Learned A.G.A. as well as learned counsel for the informant have opposed the bail application and they have submitted that all the accused persons have killed a young man in broad day light in the midst of a market. The offence committed by them is heinous, therefore the applicant is not entitled to be released on bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the role of firing has been assigned to the named accused persons in the FIR; the CCTV footage does not show the applicant committing any illegal/overt act; the applicant is a young man aged 19 years having no criminal history and he is pursuing BA LLB course and is languishing in jail since 12.03.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Utkarsh Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 29.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench