NAGENDRA CHOUDHARYversusSTATE OF U.P.

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 45566 of 2025

Nagendra Choudhary
                                                         .....Applicant(s)
                                 Versus

State of U.P.
                                                            .....Opposite
                                                                  Party(s)

Counsel for Applicant(s)      : Rajrshi Gupta, Rizwan Ahamad, Sr.
                                Advocate
Counsel for Opposite Party(s) : G.A., Satish Kumar Tyagi

Court No. - 67
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. In pursuance of the order of this Court dated 17.03.2026, learned
A.G.A. has filed a counter affidavit on behalf of the State, which is
taken on record.

2. Heard Sri Rajrshi Gupta, learned counsel for the applicant,
Sri Satish Kumar Tyagi, learned counsel for the first informant and Sri
Rakesh Kumar Mishra, learned A.G.A. for the State and perused the
record.

3. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 381 of 2025, under Sections
119(2), 191(3), 190, 115(2), 109(1), 103(1), 351(3), 3(5) of
B.N.S., Police Station Nandgram, District Ghaziabad, during the
pendency of the trial.

4. The contention of learned counsel for the applicant is that though
in the FIR as well as in the statement of the first informant and the
alleged eye-witness Ashish, an allegation has been made that the
applicant fired upon the deceased and thereafter the deceased fell
down, and then the co-accused Mohit also fired upon the deceased. It
is further submitted that though it is mentioned that upon combining
several video footages it appears that the applicant initially fired upon
the deceased and thereafter co-accused Mohit fired upon the
deceased, however, in the actual CCTV footage it is the co-accused
                                                     BAIL No. 45566 of 2025
                              2


Mohit who is clearly seen firing upon the deceased and there is no
role of the applicant in firing; rather, he was scuffling with the first
informant, as it is a case of free fight between the parties initially,
which led to the incident in question. Therefore, the applicant has
been falsely implicated in the present case. He has no role in causing
the death of the deceased, though he was present at the spot. It is
further submitted that the applicant has no criminal history. It is also
submitted that the charge-sheet has already been filed in the present
case; therefore, there is no requirement of custodial interrogation.
The applicant is a law-abiding citizen and is languishing in jail since
21.06.2025. In case he is granted bail, he will not misuse the liberty of
bail and will cooperate in the trial proceedings.

5. Per contra, learned counsel for the first informant as well as
learned A.G.A. for the State have vehemently opposed the prayer for
bail, but could not dispute the aforesaid facts. In the counter affidavit
filed today, learned A.G.A. has categorically stated that the CCTV
footage shows that it is the co-accused Mohit who fired upon the
deceased, Rahul Dagar, and not the applicant, Nagendra Choudhary.

6. Considering the entire facts and circumstances of the case, the
submissions of learned counsel for the parties, and keeping in view
the nature of the offence, evidence, and complicity of the accused,
and also taking into account the extract of the CCTV footage as
mentioned in paragraph-3 of the counter affidavit of the State, a
specific role has been assigned to co-accused Mohit and not to the
present applicant for causing firearm injury to the deceased, and the
case of Mohit is distinguishable from that of the present applicant as
well as considering the mandate of the judgement of the Apex Court
in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this
Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the
applicant is entitled to be enlarged on bail.

7. Let the applicant-Nagendra Choudhary, involved in the
                                                       BAIL No. 45566 of 2025
                               3


aforementioned crime be released on bail, 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 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.

ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.

8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.

10. Verification of mobile number and Aadhaar card of the applicant
as well as sureties should be verified by the court concerned.

11. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.

12. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.

13. Office is directed to send a copy of this order to the applicant
through Dasna Jail, Ghaziabad via e-mail or e-prison portal within 24
                                                                                   BAIL No. 45566 of 2025
                                                               4


                                    hours in compliance of the order of the Apex Court in the case of
                                    Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition
                                    (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10
                                    SCC 685.



                                                                       (Arun Kumar Singh Deshwal,J.)
                                    April 23, 2026
                                    SA




Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad