High Court · 2025

1. Heard Sri Sarvesh Kumar Verma, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. Learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the applicant, same is taken on record.

3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 02.05.2025 in Case Crime No. 106 of 2025 u/s 103(1), 190, 191(2), 191(3), 352, 351(3) & 3(5) B.N.S., P.S. Unchauliya, District Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

4. Attention has been drawn towards impugned FIR wherein the specific allegation of firing has been attributed to main accused Intezar and four unknown persons have also been implicated whose antecedents and details are not known to the informant. In the FIR, the motive and intention has been attributed to main accused Intezar and he had fired upon the deceased Zeeshan resultant thereof he died. Only this much has been indicated in the FIR that his four companions were also present on the spot. While recording his statement under Section 161 Cr.P.C., the same story has been narrated by the informant. Learned counsel for the applicant has referred the recovery memo (Annexure no. 6) wherein the fact has been indicated that alongwith main accused Intezar six other persons namely Ashish Gupta, applicant, Dampi Singh, Aditya Verma, Ansh Agnihotri and Navneet @ Golu were involved. Learned counsel has further stated that in the FIR the allegation was levelled against four unknown persons, however, in recovery memo the complicity of six persons besides main accused Intezar has been found. Sri Verma has stated that no role has been assigned to any other co- accused persons but only this much has been indicated that they were present with the main accused Intezar, who had fired upon the victim (since deceased).

5. Attention has been drawn towards the order dated 24.06.2025 passed by this Court in Crl. Misc. Bail Application No. 5625 of 2025 whereby co-accused Aditya Verma @ Aadi and Dumpi Singh have been granted bail. Co-accused Ansh Agnihotri has also been granted bail by this Court vide order dated 3.7.2025 in Criminal Misc. Bail Applicaiton No. 6133 of 2025. Criminal history of eight cases of the applicant has been explained in supplementary affidavit filed today.

6. Further attention has been drawn towards Annexure No.9 and 10 which are bail orders of co-accused, namely-Aditya Verma @ Aadi and Dumpi Singh and Ansh Agnihotri who have already been enlarged on bail by a Coordinate Bench of this Court and by this Court vide orders dated 24.06.2025, 03.07.2025 and 17.07.2025 passed in Criminal Misc. Bail Application No.5625 of 2025, Criminal Misc. Bail Application No.6133 of 2025 and Criminal Misc. Bail Application No.6587 of 2025. Learned counsel for the applicant has further stated that since the role of the present applicant, as per the prosecution story is identically similar with the co-accused Ansh Agnihotri, Aditya Verma, Dumpi Singh and Sarvjeet, therefore, on the basis of principle of parity, the present applicant may also be enlarged on bail. Sri Verma has stated that investigation is pending and if the applicant is released on bail, he shall cooperate in the investigation and shall not misuse the liberty of the bail.

7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

8. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that in the FIR specific allegation of firing has been attributed to main accused Intezar and four unknown persons have also been implicated whose antecedents and details were not known to the informant, the motive and intention has been attributed to main accused Intezar and he had fired upon the deceased Zeeshan resultant thereof he died, only this much has been indicated in the FIR that his four companions were also present on the spot, vide order dated 24.06.2025 passed by this Court in Crl. Misc. Bail Application No. 5625 of 2025 whereby co-accused Aditya Verma @ Aadi and Dumpi Singh have been granted bail, co-accused Ansh Agnihotri has also been granted bail by this Court vide order dated 3.7.2025 in Criminal Misc. Bail Application No. 6133 of 2025, criminal history of eight cases of the applicant has been explained in supplementary affidavit, since the role of the present applicant, as per the prosecution story, is identically similar with the co-accused Ansh Agnihotri, therefore, on the basis of principle of parity, the present applicant may also be enlarged on bail.

10. Bail application is allowed.

11. Let the applicant Ashish Gupta @ Shaka, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. Order Date :- 29.7.2025 -Piyush- (Rajesh Singh Chauhan, J.) PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Sarvesh Kumar Verma, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. Learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the applicant, same is taken on record.

3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 02.05.2025 in Case Crime No. 106 of 2025 u/s 103(1), 190, 191(2), 191(3), 352, 351(3) & 3(5) B.N.S., P.S. Unchauliya, District Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

4. Attention has been drawn towards impugned FIR wherein the specific allegation of firing has been attributed to main accused Intezar and four unknown persons have also been implicated whose antecedents and details are not known to the informant. In the FIR, the motive and intention has been attributed to main accused Intezar and he had fired upon the deceased Zeeshan resultant thereof he died. Only this much has been indicated in the FIR that his four companions were also present on the spot. While recording his statement under Section 161 Cr.P.C., the same story has been narrated by the informant. Learned counsel for the applicant has referred the recovery memo (Annexure no. 6) wherein the fact has been indicated that alongwith main accused Intezar six other persons namely Ashish Gupta, applicant, Dampi Singh, Aditya Verma, Ansh Agnihotri and Navneet @ Golu were involved. Learned counsel has further stated that in the FIR the allegation was levelled against four unknown persons, however, in recovery memo the complicity of six persons besides main accused Intezar has been found. Sri Verma has stated that no role has been assigned to any other co- accused persons but only this much has been indicated that they were present with the main accused Intezar, who had fired upon the victim (since deceased).

5. Attention has been drawn towards the order dated 24.06.2025 passed by this Court in Crl. Misc. Bail Application No. 5625 of 2025 whereby co-accused Aditya Verma @ Aadi and Dumpi Singh have been granted bail. Co-accused Ansh Agnihotri has also been granted bail by this Court vide order dated 3.7.2025 in Criminal Misc. Bail Applicaiton No. 6133 of 2025. Criminal history of eight cases of the applicant has been explained in supplementary affidavit filed today.

6. Further attention has been drawn towards Annexure No.9 and 10 which are bail orders of co-accused, namely-Aditya Verma @ Aadi and Dumpi Singh and Ansh Agnihotri who have already been enlarged on bail by a Coordinate Bench of this Court and by this Court vide orders dated 24.06.2025, 03.07.2025 and 17.07.2025 passed in Criminal Misc. Bail Application No.5625 of 2025, Criminal Misc. Bail Application No.6133 of 2025 and Criminal Misc. Bail Application No.6587 of 2025. Learned counsel for the applicant has further stated that since the role of the present applicant, as per the prosecution story is identically similar with the co-accused Ansh Agnihotri, Aditya Verma, Dumpi Singh and Sarvjeet, therefore, on the basis of principle of parity, the present applicant may also be enlarged on bail. Sri Verma has stated that investigation is pending and if the applicant is released on bail, he shall cooperate in the investigation and shall not misuse the liberty of the bail.

7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

8. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that in the FIR specific allegation of firing has been attributed to main accused Intezar and four unknown persons have also been implicated whose antecedents and details were not known to the informant, the motive and intention has been attributed to main accused Intezar and he had fired upon the deceased Zeeshan resultant thereof he died, only this much has been indicated in the FIR that his four companions were also present on the spot, vide order dated 24.06.2025 passed by this Court in Crl. Misc. Bail Application No. 5625 of 2025 whereby co-accused Aditya Verma @ Aadi and Dumpi Singh have been granted bail, co-accused Ansh Agnihotri has also been granted bail by this Court vide order dated 3.7.2025 in Criminal Misc. Bail Application No. 6133 of 2025, criminal history of eight cases of the applicant has been explained in supplementary affidavit, since the role of the present applicant, as per the prosecution story, is identically similar with the co-accused Ansh Agnihotri, therefore, on the basis of principle of parity, the present applicant may also be enlarged on bail.

10. Bail application is allowed.

11. Let the applicant Ashish Gupta @ Shaka, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. Order Date :- 29.7.2025 -Piyush- (Rajesh Singh Chauhan, J.) PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench