Lucky @ Akshandra vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24036 of 2025

Lucky @ Akshandra

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Shiva Tripathi
Counsel for Opposite Party(s) : G.A.

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Court No. - 70

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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 material brought on record.

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Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against five named accused in which the name of applicant does not find place. In the F.I.R. the informant states that all the accused named in the F.I.R. assaulted him by throwing bombs and they also fired shots upon him with rifle and in this incident two other persons also sustained injuries who were the passerby. Learned counsel further submits that the injured/ informant and two other witnesses in their statements before the police have not named the applicant. Learned counsel further submits that in his second statement before the police the informant has stated that the applicant was also along with the named accused but he has not assigned any role to the applicant. Thus, it has been argued that applicant has falsely been implicated in the case.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. As to the criminal history of applicant has been explained in para-20 of the affidavit filed in support of the bail application. He next submits that the applicant is in jail since 28.05.2025.

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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.

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BAIL No. 24036 of 2025

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2

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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.

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Let the applicant- Lucky @ Akshandra be enlarged on bail in Case Crime No. 198 of 2024, under Sections 147, 148, 149, 286, 307, 325, 504, 506 I.P.C., Police Station- Colonelganj, District- Allahabad, 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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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.

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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.

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(Dr. Gautam Chowdhary,J.)

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September 19, 2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Lucky @ Akshandra v. State of U.P.

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Lucky @ Akshandra v. State of U.P.

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