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Neutral Citation No. - 2025:AHC:116774 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19794 of 2025 Applicant :- Lalit Bansal Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Satyam Narayan, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Lalit Bansal, seeking enlargement on bail in Case Crime No. 145 of 2025, under Section 302 of I.P.C. and Section 3/25/27 of Arms Act, Police Station- Surajpur, District- Gautam Buddh Nagar. There is allegation in the First Information Report is that the father of the informant killed the mother of the informant by causing gun shot injury.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
16.03.2024. Learned counsel for the applicant submits that there is no independent eye witness of the alleged incident. Recovery of one country made pistol has been shown which is totally false and fabricated as there is no FSL report to show that the recovered weapon was used for committing the offence. Learned counsel for the applicant further submits that during trial, statements of P.W.-1, P.W.-2 and P.W.-3 were recorded in which they have not supported the prosecution version and have turned hostile (statements of P.W.-1, P.W.-2 and P.W.-3 are annexed at Annexure- 6). The applicant has criminal antecedent of one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Lalit Bansal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad