Extracted from the PDF above. The PDF is authoritative.
Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6765 of 2025 Applicant :- Vivek Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Maha Prasad,Mohit Gautam,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Vikrant Rana Hon'ble Anil Kumar-X,J.
1. Heard Sri Maha Prasad, learned counsel for the applicant as well as Sri Vikrant Rana, learned Additional Government Advocate for the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 470 of 2024, under Section 109 of the BNS and Section 3/25/27 of Arms Act, Police Station Partapur, District Meerut, during the pendency of trial. 3. As per version of FIR, when the informant Nidhi along with her husband Kapil and one Monu was returning towards their home, one Gullu made a call on her husband's mobile and called him at Defence Garden. Gullu and the applicant started abusive conversation to her husband and after sometimes, they came along a country made pistol and fired upon the lower lumbar region of Kapil. 4. Learned counsel for the applicant has submitted that the injured has not sustained any injury on vital part and he is languishing in jail since 15.12.2024, therefore, the applicant is entitled for bail. In case, he is enlarged on bail, he will not misuse the liberty of bail. 5. On the other hand, learned AGA vehemently opposed prayer for bail on the ground that there is no exit wound and the bullet fire by the applicant has pierced the internal organs of the body causing five puncture wounds. The injured has undergone treatment for 10 days and he was also under surgery, therefore, keeping in view the nature of injuries, the applicant is not entitled for bail. He further submitted that charge sheet in this case has been filed. 5. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties,
the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6.
Let the applicant- Vivek Gautam, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 24.7.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad