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2025 DAILYLAW 50635 (ALL)

LAVI TYAGI v. STATE OF U.P.

BAIL/14215/2025 · 2025-07-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125935 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14215 of 2025 Applicant :- Lavi Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- Atul Kumar,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that allegation made in the F.I.R. is that the applicant and other accused assaulted upon informant's cousin and his one friend with iron rod and sharp edged weapons, on account of which they sustained serious injuries. Learned counsel further submits that except one injury all other injuries sustained by these two injured persons were found simple in nature. No specific weapon and even no specific role has been assigned to any of the accused and only general allegations have been made either in the F.I.R. or in the statement of informant or of the injured. No recovery of any weapon has been made from the pointing out or from the possession of applicant. There is no call detail records to show that applicant was harassing the injured on mobile phone prior to the occurrence, as has been alleged in the F.I.R. General allegation has been made against the applicant and no specific allegation has been made against the applicant. Two other accused namely Vikky and Jitendra Tomar, have already been enlarged on bail and as general role is assigned to all the accused including the applicant, therefore, he may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 31.03.2025, with no previous criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Lavi Tyagi, be enlarged on bail in Case Crime No. 108 of 2025, under Sections 191(2), 117(2), 115(2), 109, 118(1), 324(4), 352, 351(2) of B.N.S., Police Station- Nai Mandi, District- Muzaffar Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 29.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad