Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67836 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2776 of 2025 Applicant :- Vivekanand Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari,Roopesh Srivastava,Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Roopesh Srivastava, learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 287 of 2024, under Sections 419, 420, 467, 468, 471 of the I.P.C. and Section 12 of the Passport Act, 1967, Police Station Gola, District Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with the delay of four months of which no satisfactory explanation has been submitted. He submits that the applicant was bearing valid Passport No. M2787041 issued by the Passport Office and after missing the aforesaid Passport he applied for the same. The Passport Office has issued another Passport No. R3433877 and when he was going to Combodia from Kolkata Airport, the applicant was apprehended by the Passport Authority. He submits that the applicant never obtained any passport on the basis of forged documents. He submits that in one Passport the date of birth of the accused applicant is 01.01.1980 and in another Passport the date of birth of the applicant is 08.06.1985 are due to clerical error. The applicant is languishing in jail since 24.12.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vivekanand Shukla, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad