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2025 DAILYLAW 175079 (ALL)

AMIT GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/11980/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11980 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.447 of 2025, under Sections 191(2), 191(3), 109(1) BNS, P.S. Kotwali Sadar, District Lakhimpur Kheri. In the prosecution case, it is alleged that while the informant was working at Janta Dhaba on 26.05.2025 in the night at about 11:30 hours and was doing duty on the counter in the night around 02:00 am, the named accused persons along with 7-8 unknown persons armed with weapons came and tried to snatch the rupees from the informant. Upon resistance given by the informant, he was badly beaten by lathi and sharp edged weapons with an intent to kill due to which he suffered grievous injury on the head and become unconscious. Learned counsel for the applicant submits that the role assigned to the applicant is general in nature. The injured in his statement has also assigned general role to the applicant. The injured has received two injuries one is lacerated wound on the scull and second is abrasion on the forearm. He submits that co-accused Amit Mathur @ Manni, Nirbhay Pratap Singh alias Deva Thakur and Hariom Chaurasiya @ Shivam @ Bauwa have been granted regular bail by this Court vide orders dated 25.06.2025, 26.06.2025 and 6270 of 2025 passed in Criminal Misc. Bail Application Nos.5640 of Versus Counsel for Applicant(s) : Surya Prakash, Arsh Bugga Counsel for Opposite Party(s) : G.A. Amit Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 2025, 5683 of 2025 and 6270 of 2025 respectively. Applicant claims parity. He submits that the applicant is in jail since 27.09.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 27.09.2025, role assigned to the applicant, bail orders of the co-accused persons namely Amit Mathur @ Manni, Nirbhay Pratap Singh alias Deva Thakur and Hariom Chaurasiya @ Shivam @ Bauwa (supra), charge-sheet has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Amit Gautam be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 2, 2025 R.C. BAIL No. 11980 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench