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2025 DAILYLAW 161539 (ALL)

MAHESH RAWAT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/8220/2025 · 2025-09-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8220 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Karunesh Singh, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.184 of 2025 under Sections 109 of B.N.S. and 3/25/27 of Arms Act registered at Police Station- Gomti Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by Station House Officer of Police Station Gomti Nagar, Lucknow against the applicant stating that on the basis of an information received from a mukbir that some miscreants were about to go for committing any offence, a police party intercepted a motorcycle. One of the persons fired at the SHO but somehow he saved himself. The SHO fired a shot which hit the applicant's above right knee. The other miscreant escaped. A pistol and a cartridge were recovered from the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years and he has been falsely implicated in the present case. 5. The applicant's involvement in 10 other cases has been disclosed in para16 of the affidavit filed in support of the application, in all of which he has been granted bail but copies of merely two bail orders have been annexed and it has been stated that copies of rest of the orders are not available with the deponent of the case. After his Versus Counsel for Applicant(s) : Karunesh Singh, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Mahesh Rawat .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) arrest, the applicant has been implicated in two other cases, in both of which he has been granted bail. 6. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 31.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the police alleges that the applicant had fired at the SHO but the only person who has received injury in the incident is the applicant himself; that the applicant has been granted bail in two other cases in which he was implicated after his arrest in the present case and the applicant is a young man aged 19 years and he is languishing in jail since 05.05.2025 whereas the investigation stands concluded, 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 case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mahesh Rawat be released on bail in the aforementioned 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. September 3, 2025 -Amit K- BAIL No. 8220 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench