Aditya Verma Vs State of U.P. Thru. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:47148

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3559 of 2025

Applicant :- Aditya Verma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Tribhuvan Narai Singh,Shivesh Yadav

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Counsel for Opposite Party :- G.A.,Alok Kumar Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Tribhuvan Narain Singh, learned counsel for the applicant, Smt. Kamlesh Kumari, learned Additional Government Advocate for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.82 of 2025, under Sections 115(2), 109(1), 3(5) B.N.S. and Section 3/5 Arms Act, registered at Police Station Fardhan, District Lakhimpur Kheri.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2025 against the applicant and 2-3 other persons stating that while the informant's son aged about 17 years was returning after appearing in the examination the accused persons beaten him up and one of those persons fired a shot with a country made pistol due to which he suffered some pellet injury at the back of his palm.

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In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned counsel for the applicant has submitted that the co-accused Saddam Ahmad Khan has already been granted

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anticipatory bail by means of an order dated 08.05.2025, passed by this Court in Criminal Misc. Anticipatory Bail Application No.374 of 2025.

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The State has filed a counter affidavit opposing the bail application and annexing therewith copies of material collected during investigation including copy of recovery memo, injury report and statements recorded under Section 180 BNSS. A 315 bore pistol is said to have been recovered from the applicant. It is recorded in the case diary that the injury report mentions blackening and tattooing present over an area of 17X11cm at the back of right forearm and small amount of blood was oozing out from tattooing area from back of hand. The injury was opined to have been caused by fire arm. In the statement of the injured Abhay Pratap Singh he stated that the applicant and Saddam Ahmad Khan had intercepted him and they started beating him. After sometime some other boys came there and at the exhortation of one of the co-accused Saddam Ahmad Khan one of the unknown boys had fired shot due to which he suffered injury.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the injured wherein he has assigned the role of exhortation for firing the shot to Saddam and Saddam has already been granted anticipatory bail by this court and no specific role has been assigned to the applicant; that the applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 08.03.2025 and without making any observation, which may affect the merits of the case, I am of the

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view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Aditya Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 12.8.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aditya Verma v. State of U.P. Thru. Secy. Home Deptt. Lko.

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Aditya Verma v. State of U.P. Thru. Secy. Home Deptt. Lko.

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