Disposed¶44

Ajay Gautam @ Chhotu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC20 Feb 2026BAIL/1323/2026

Case brief

AI extract

What is this about?

Bail granted on parity with co-accused; CRIMINAL MISC. BAIL APPLICATION No. 1323 of 2026; FIR/Case Crime No. 386 of 2025; Sections 103(1), 351(3), 3(5) B.N.S.; 3/25 Arms Act; Police Station Kotwali Sadar, District Kheri; judicial custody since 10.05.2025; co-accused Aman Yadav, Aryan Bharti, Hari Om @ Ravi Gupta released earlier; personal bond with two sureties, one family member/close relative; bail conditions including Section 313 Cr.P.C. appearance; no opinion on merits; Saurabh Lavania, J.; Allahabad High Court Lucknow; February 20, 2026.

What did the court decide?

Bail granted: applicant Ajay Gautam @ Chhotu to be released in Case Crime No. 386 of 2025 on furnishing a personal bond with two reliable sureties (one a family member/close relative), subject to conditions (i)-(viii); application disposed of. ¶44

Ajay Gautam @ Chhotu vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

¶44

Issue for consideration

Whether the applicant, Ajay Gautam @ Chhotu, is entitled to be released on bail in FIR/Case Crime No. 386 of 2025 under Sections 103(1), 351(3), 3(5) B.N.S. and 3/25 Arms Act, Police Station Kotwali Sadar, District Kheri.

¶12

Court's answer

Bail granted: considering the facts and circumstances, nature of allegations, parity with similarly placed co-accused already released on bail by this Court, period of incarceration and bleak chance of early conclusion of trial, and without expressing any opinion on the merits, the Court found it a fit case for granting bail.

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Ratio / Principle

Parity was a principal ground: the learned AGA could not dispute that similarly placed co-accused persons, named above, had already been released on bail by this Court.

¶28

Key takeaways

Release terms: applicant to be released on bail on furnishing a personal bond and two reliable sureties, one of whom shall be a family member/close relative, subject to conditions including cooperation with prosecution, non-tampering with evidence, no pressure/intimidation of prosecution witnesses, presence before the trial court on each date and in person for recording of statement under Section 313 Cr.P.C., and no adjournment when witnesses are present.ratio¶33
Default clause: in case of default of the bail conditions, it shall be open to the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.ratio¶42

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow (Saurabh Lavania, J.) — Criminal Misc. Bail Application No. 1323 of 2026, decided February 20, 2026 — Bail granted to applicant Ajay Gautam @ Chhotu in FIR/Case Crime No. 386 of 2025, Police Station Kotwali Sadar, District Kheri, under Sections 103(1), 351(3), 3(5) B.N.S. and 3/25 Arms Act. Principal grounds: parity with similarly placed co-accused (Aman Yadav, Aryan Bharti, Hari Om @ Ravi Gupta) already released on bail by the Court; applicant in judicial custody since 10.05.2025; bleak chance of early conclusion of trial; no opinion expressed on merits. Release ordered on personal bond with two reliable sureties, one to be a family member/close relative, subject to conditions including cooperation with prosecution, non-tampering, no intimidation of witnesses, presence on each trial date and in person for statement under Section 313 Cr.P.C.; default actionable as abuse of liberty of bail; observations to have no bearing on merits.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 1323 of 2026

Ajay Gautam @ Chhotu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

¶7

			.....Op Pa	posite rty(s)
Counsel for Applicant(s)	: Amit Kumar Dwivedi	Awasthi,	Jayesh	Dutt
Counsel for Opposite Party(s)	: G.A.

¶8

Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application seeking bail on merits.

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Heard learned counsel for the applicant, the learned AGA for the State of U.P. and perused the record.

¶12

The present bail application has been filed by the applicant seeking bail in FIR/Case Crime No. 386 of 2025, under Sections 103(1), 351(3), 3(5) B.N.S. and 3/25 Arms Act, Police Station Kotwali Sadar, District Kheri.

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While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case.

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It is also stated that similarly placed co-accused persons namely Aman Yadav, Aryan Bharti and Hari Om @ Ravi Gupta have already been already released on bail by this Court vide orders dated 6.11.2025, 14.01.2026 and 10.02.2026 passed in Criminal Misc. Bail Application Nos. 6732 of 2025, 7782 of 2025 and 889 of 2026. The relevant portion of the order dated 14.01.2026 passed in the case of co-accused/Aryan Bharti reads as under:-

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"4. Learned AGA has opposed the bail application.

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5. Considering the fact that no allegation of causing the firearm injury was assigned to the applicant and the applicant was not even named in the FIR, the applicant, who has no criminal antecedents except a minor offence under Section 323, 504, 506 IPC, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Aman Yadav be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

¶18

BAIL No. 1323 of 2026

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. "

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5. It is further stated that the applicant, having no criminal history, is in judicial custody since 10.05.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

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6. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant.

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7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR as also that co-accused persons has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed.

¶26

8. Let the applicant-Aryan Bharti be released on bail in aforesaid Case Crime, ......"

¶27

It is further stated that the applicant is in judicial custody since 10.05.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

¶28

Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant including that similarly placed co-accused persons, named above, have already been released on bail by this Court.

¶29

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and also that similarly placed co-accused persons, named above, have already been released on bail by this Court and keeping in mind the period of incarceration as also the chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶30

Let the applicant- Ajay Gautam @ Chhotu be released on bail in

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BAIL No. 1323 of 2026

¶32

¶33

aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member/close relative of the accused-applicant, each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall cooperate with the prosecution during trial.

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(ii) The applicant shall not tamper with the evidence during trial.

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(iii) The applicant shall not pressurize/intimidate the prosecution witness(s).

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(iv) The applicant shall not commit an offence.

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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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶39

(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

¶42

In case of default of above conditions, 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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As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

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Application is disposed of .

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(Saurabh Lavania,J.)

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February 20, 2026

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Arun/-

¶48

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Ajay Gautam @ Chhotu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Ajay Gautam @ Chhotu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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