Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 169097 (ALL)

GUDLAK TIWARI @ ABHISHEK TIWARI @ GUDDU PANDIT v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. HOME LKO

BAIL/12293/2024 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12293 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Riaz Ahmad, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A.-I 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.95 of 2023, under Section 307, 394, 504, 411, 397, 34 I.P.C., registered at Police Station- Sushant Golf City, District- Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.02.2023 against three unknown persons riding a motorcycle, stating that the accused persons had snatched away the informant's mobile phone and one of them had fired a shot with a pistol, which just passed a leg of the informant's brother. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The police claimed to have arrested three persons, namely, Gudluck Tiwari @ Abhishek (the applicant), Jayesh Pal and Shashank Singh @ Sahil Singh. It is stated that they confessed that they had given effect to the incident in question. 6. The State has filed a counter affidavit opposing the bail application and copies of material collected during the investigation has been annexed with the counter affidavit. The applicant's involvement in 10 other cases has been disclosed in the counter affidavit. Versus Counsel for Applicant(s) : Durgesh Mishra, Hemant Kumar Pandey, Osama Syed, Riyaz Ahmad, Saumya Singh Counsel for Opposite Party(s): G.A. Gudlak Tiwari @ Abhishek Tiwari @ Guddu Pandit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko .....Opposite Party(s) 7. A rejoinder affidavit has been filed on behalf of the applicant that the applicant has been released on bail in all other cases and remaining four cases are related to the same incident. 8. The learned counsel for the applicant has submitted that two co- accused Abhinav Singh @ Naveen and Shashank Singh @ Sahil Singh have already been granted bail by means of orders dated 07.12.2023 and 18.12.2023 passed by this Court in Criminal Misc. Bail Application Nos.4760 of 2023 and 12297 of 2023. 9. Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Gudlak Tiwari @ Abhishek Tiwari @ Guddu Pandit 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 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 4, 2025 -Amit K- BAIL No. 12293 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench