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2025 DAILYLAW 164464 (ALL)

SUKHI LAL VERMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/8759/2025 · 2025-09-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8759 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amrendra Nath Tripathi, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi the learned AGA for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.143/2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S and Section 3/25 of Arms Act, registered at Police Station- Hasvar, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by the Sub-Inspector of Police on 16.08.2025 against a solitary named accused person- Gyan Chandra, stating that the named accused person was apprehended on the basis of information received and five live cartridges were recovered from his possession. Two arms licences were also recovered from his possession, both of which turned out to be fake. The named accused person stated that he had purchased the cartridges from Awadh Gun House. 4. The applicant has been implicated in the present case during the course of investigation as he is the proprietor of Awadh Gun House. 5. The allegation against the applicant is that he has sold the cartridges to the named accused person- Gyan Chandra on the basis of forged arms licences produced by Gyan Chandra. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 69 years old person, he has been falsely implicated in the present case, he has no criminal history and he is languishing in jail Versus Counsel for Applicant(s) : Amrendra Nath Tripathi, Bajrangi Verma Counsel for Opposite Party(s) : G.A. Sukhi Lal Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) since 16.08.2025. 7. The learned AGA has opposed the bail application and he has submitted that in the inquiry conducted by the Circle Officer, Police and Sub-Divisional Magistrate concerned, it has come to light that the applicant had sold away the cartridges on the basis of forged arms licences. He has also submitted that the investigation is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it is the FIR's version that the named accused person- Gyan Chandra was carrying two arms licences, although the same turned out to be fake upon investigation by the police by making inquires from the persons through whom the licences have purportedly been issued; the applicant owns a arm shop, he had sold the cartridges after seeing the arms licence produced by the purchaser and it cannot be reasonably expected from a shop owner that he can test the veracity of a licence produced by a purchaser; and that the applicant is 69 years old person, has no criminal history and he is languishing in jail since 16.08.2025, thus, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sukhi Lal Verma be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 12, 2025 V. Sinha BAIL No. 8759 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench