Gaurav Alias Laddu vs State of U.P.

Neutral Citation No. - 2025:AHC:112592

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13199 of 2025

Applicant :- Gaurav Alias Laddu Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 12.02.2024.

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It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. A vague and general role has been assigned to the applicant in the F.I.R. The applicant has not been identified as the principal offender who discharged the firearm and shot dead the deceased. The other piece of implicatory evidence against the applicant is his confessional statement made before the police authorities while in the custody of the latter. The said statement was extracted by coercion and made under duress. The said statement is not admissible in evidence. Learned counsel further submits that similarly situated co-accused namely, Ajab Singh, Madan, Raje @ Munna, have already been enlarged on bail by this Court as well as a coordinate Benches of this Court vide order dated 07.04.2023, 18.01.2023 and 12.05.2025 passed in Criminal Misc. Bail Application Nos. 14387 of 2023, 11987 of 2022 and 12790 of 2025, respectively. It is also submitted that the prosecution proposes to examine 29 witnesses. However, only 4 witnesses have been examined till date. 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

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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 applicant is languishing in jail since 12.09.2021, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence but he could not dispute the submissions of learned counsel for the applicant with regard to parity.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Gaurav Alias Laddu , involved in Case Crime No.620 of 2021, under Sections 147, 148, 149, 302, 120-B and 34 I.P.C., Police Station Tronica City, District Ghaziabad, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section

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82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 14.7.2025 AS

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Gaurav Alias Laddu v. State of U.P.

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