High Court · 2025

1. Heard Sri Ankit Tripathi, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri K. S. Rastogi, learned counsel, for the informant/complainant.

2. As per learned counsel for the applicant, the present applicant (Shantanu Awasthi) is languishing in jail since 12.03.2025 in Case Crime No.0209 of 2025, under Sections 103(1), 109(1), 115(2), 190, 191(2), 191(3) & 351(3) of B.N.S., 2023, Police Station- Kotwali Sadar, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR wherein the specific allegation to commit murder has been attributed to accused No.1 Anmol Puri @ Bala, as he is named in this FIR. Five unknown persons and one more person having mobile No.6394543307 have also been named. At the time of lodging FIR, except main accused Anmol Puri @ Bala, the informant was not aware about the antecedents of details of the other accused persons. Learned counsel for the applicant has stated that since only Anmol Puri @ Bala has been implicated by name, therefore, main accused might be having any motive or intention to kill the deceased but the present applicants is having no intention or motive to kill the deceased. The present applicant is a student aged about 20 years, studying in B.Tech Ist year's 2nd Semester at N.I.E.T. University Noida. Chargesheet has been filed.

4. During investigation the role attributed to the present applicant is that he is a close friend of main accused and has assisted the main accused Anmol Puri @ Bala to kill the deceased. However, as per prosecution story, the present applicant has neither assaulted nor fired upon the deceased. The present applicant is having no prior criminal history of any kind whatsoever. Therefore, if the present applicant is released on bail, he may pursue his further studies. He shall not misuse the liberty of the bail, shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. Learned counsel for the applicant also stated that the present applicant shall maintain his good behaviour and conduct and shall not indulge in any illegal activities in future.

5. Sri Bhanu Pratap Singh, learned Additional Government Advocate and Sri K. S. Rastogi have vehemently opposed the aforesaid bail application by submitting that though the main accused is Anmol Puri @ Bala but the present applicant is close friend of main accused person and was with the main accused when the incident in question took place, he stopped the scooter on which the deceased was riding, he pushed the deceased, resultant thereof the deceased fell down on the earth thereafter the main accused Anmol Puri @ Bala killed the deceased through firearm, therefore, the present bail application is liable to be rejected.

6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a student aged about 20 years, studying in B.Tech Ist year's 2nd Semester, applicant is not named in the FIR, no role has been assigned to the present applicant, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicant (Shantanu Awasthi) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicants shall not leave the country without prior permission of the Court. (v) During course of trial, the present applicant shall mark his attendance once in two months at Police Station Kotwali Sadar, District Lakhimpur Kheri and police office concerned shall ensure that the present applicant is not involved in any illegal activity. However, he shall not be detained at police station and as soon as he comes to the police station to mark his attendance, he shall be permitted to leave the police station at once after doing necessary exercise. The purpose of issuing the aforesaid direction is that the present applicant shall remain careful to maintain his good behaviour and conduct. The present applicant shall also maintain his distance from the main accused inasmuch as if it is found that he is having regular association with the main accused or he is influencing the complainant or his family members in any manner whatsoever, this may be the reason to cancel the bail. Order Date :- 8.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ankit Tripathi, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri K. S. Rastogi, learned counsel, for the informant/complainant.

2. As per learned counsel for the applicant, the present applicant (Shantanu Awasthi) is languishing in jail since 12.03.2025 in Case Crime No.0209 of 2025, under Sections 103(1), 109(1), 115(2), 190, 191(2), 191(3) & 351(3) of B.N.S., 2023, Police Station- Kotwali Sadar, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR wherein the specific allegation to commit murder has been attributed to accused No.1 Anmol Puri @ Bala, as he is named in this FIR. Five unknown persons and one more person having mobile No.6394543307 have also been named. At the time of lodging FIR, except main accused Anmol Puri @ Bala, the informant was not aware about the antecedents of details of the other accused persons. Learned counsel for the applicant has stated that since only Anmol Puri @ Bala has been implicated by name, therefore, main accused might be having any motive or intention to kill the deceased but the present applicants is having no intention or motive to kill the deceased. The present applicant is a student aged about 20 years, studying in B.Tech Ist year's 2nd Semester at N.I.E.T. University Noida. Chargesheet has been filed.

4. During investigation the role attributed to the present applicant is that he is a close friend of main accused and has assisted the main accused Anmol Puri @ Bala to kill the deceased. However, as per prosecution story, the present applicant has neither assaulted nor fired upon the deceased. The present applicant is having no prior criminal history of any kind whatsoever. Therefore, if the present applicant is released on bail, he may pursue his further studies. He shall not misuse the liberty of the bail, shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. Learned counsel for the applicant also stated that the present applicant shall maintain his good behaviour and conduct and shall not indulge in any illegal activities in future.

5. Sri Bhanu Pratap Singh, learned Additional Government Advocate and Sri K. S. Rastogi have vehemently opposed the aforesaid bail application by submitting that though the main accused is Anmol Puri @ Bala but the present applicant is close friend of main accused person and was with the main accused when the incident in question took place, he stopped the scooter on which the deceased was riding, he pushed the deceased, resultant thereof the deceased fell down on the earth thereafter the main accused Anmol Puri @ Bala killed the deceased through firearm, therefore, the present bail application is liable to be rejected.

6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a student aged about 20 years, studying in B.Tech Ist year's 2nd Semester, applicant is not named in the FIR, no role has been assigned to the present applicant, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicant (Shantanu Awasthi) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicants shall not leave the country without prior permission of the Court. (v) During course of trial, the present applicant shall mark his attendance once in two months at Police Station Kotwali Sadar, District Lakhimpur Kheri and police office concerned shall ensure that the present applicant is not involved in any illegal activity. However, he shall not be detained at police station and as soon as he comes to the police station to mark his attendance, he shall be permitted to leave the police station at once after doing necessary exercise. The purpose of issuing the aforesaid direction is that the present applicant shall remain careful to maintain his good behaviour and conduct. The present applicant shall also maintain his distance from the main accused inasmuch as if it is found that he is having regular association with the main accused or he is influencing the complainant or his family members in any manner whatsoever, this may be the reason to cancel the bail. Order Date :- 8.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench