Vishal Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Vishal Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Vishal Gautam on bail in Case Crime No. 496 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether applicant Vishal Gautam is entitled to be released on bail in Case Crime No. 496 of 2025 (Sections 309(4), 310(2), 317(3) B.N.S., Police Station Kotwali Sadar, District Lakhimpur Kheri).

Court's answer

Considering the facts and circumstances, and keeping in view that the co-accused persons (Arjit Verma and Shekhar) have already been granted bail, the applicant is also entitled to be granted bail on the ground of parity.

Ratio / Principle

Accordingly, this bail application stands allowed; the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurising prosecution witnesses, and appearing on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

Bail application ALLOWED (Single Judge, Justice Subhash Vidyarthi, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 13, order dated 20.8.2025; Neutral Citation 2025:AHC-LKO:48796) in Criminal Misc. Bail Application No. 7780 of 2025 in favour of applicant Vishal Gautam, stated in the supporting affidavit to be a young man aged 20 years with no previous criminal history who claims false implication, in Case Crime No. 496 of 2025 under Sections 309(4), 310(2), 317(3) B.N.S, registered at Police Station Kotwali Sadar, District Lakhimpur Kheri on an F.I.R. lodged on 14.06.2025 against the riders of three two-wheeler vehicles alleged to have robbed the informant and his friend Deepak. Deciding ground: PARITY — co-accused Arjit Verma had been granted bail on 21.07.2025 in Criminal Misc. Bail Application No. 6640 of 2025 and co-accused Shekhar on 08.08.2025 in Criminal Misc. Bail Application No. 7414 of 2025, in both cases by Coordinate Benches of this Court; the learned State counsel opposed the prayer but could not dispute these aspects. Release directed on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence, no pressurising of prosecution witnesses, and appearance on each and every date fixed by the trial court. Per the affidavit, the applicant is implicated in two other cases on the basis of the same recovery and has already been granted bail in one of them.

Neutral Citation No. - 2025:AHC-LKO:48796

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7780 of 2025

Applicant :- Vishal Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Subodh Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Subodh Kumar Pandey, learned counsel for the applicant as well as Shri Ayush Sharma, learned State counsel and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.496 of 2025, under Sections 309(4), 310(2), 317(3) B.N.S, registered at Police Station Kotwali Sadar, District Lakhimpur Kheri.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.06.2025 against the riders of three two wheeler vehicles, stating that the accused persons had robed the informant and his friend Deepak.

In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years having no previous criminal history and he has been falsely implicated in the present case. He has been implicated in two other cases on the basis of the some recovery, in one of which he has already been granted bail.

The learned counsel for the applicant has submitted that a coaccused person, Arjit Verma has been granted bail by means of an order dated 21.07.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 6640 of 2025.

The other co-accused person, Shekhar has also been granted bail by means of an order dated 08.08.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 7414 of 2025.

The learned State counsel has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that keeping in view the fact that co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity.

Accordingly, this bail application stands allowed.

Let the applicant- Vishal Gautam be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

Order Date :- 20.8.2025 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench