SHASHANK SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/1104/2025 · 2025-02-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121729 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7703 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1104 of 2025 Applicant :- Shashank Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant for the following main relief:-
"For the facts reasons and circumstances mentioned in the affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the conditions of bail orders and it is being further prayed that the Hon'ble Court may kindly be pleased to relax the condition of bail to the extent that accused applicant be allowed to file two sureties in any case and the same shall be treated adequate in all other case in respect the cases mentioned below. (i) Case Crime No.925/2019 Under Section-392, 411 IPC P.S. Kotwali Nagar, District-Barabanki. (ii) Case Crime No.1066/2020, U/s-8/21, N.D.P.S. Act, P.S. Kotwali Nagar, District-Barabanki. (iii) Case Crime No.586/2023 Under Section-380, 411 IPC, P.S. Ramnagar, District-Barabanki. (iv) Case Crime No.70/2024 Under Section-380, 411 IPC, P.S. Ramnagar, District-Barabanki. (v) Case Crime No.98/2024 Under Section-457, 380, 411 IPC, P.S. Masauli, District-Barabanki. (vi) Case Crime No.201/2024 Under Section-457, 380, 411 IPC P.S. Fatehpur, District-Barabanki. (vii) Case Crime No.216/2024 Under Section-3(1) of U.P. Gangster Act P.S. Masauli, District-Barabanki."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant at District Barabanki are as
follows:- (i) Case Crime No.925/2019, under Sections- 392, 411 IPC, P.S. Kotwali Nagar, District-Barabanki. (ii) Case Crime No.1066/2020, under Section- 8/21, N.D.P.S. Act, P.S. Kotwali Nagar, District-Barabanki. (iii) Case Crime No.586/2023, under Sections- 380, 411 IPC, P.S. Ramnagar, District-Barabanki. (iv) Case Crime No.70/2024, under Sections- 380, 411 IPC, P.S. Ramnagar, District-Barabanki. (v) Case Crime No.98/2024, under Sections- 457, 380, 411 IPC, P.S. Masauli, District-Barabanki. (vi) Case Crime No.201/2024, under Sections- 457, 380, 411 IPC, P.S. Fatehpur, District-Barabanki. (vii) Case Crime No.216/2024, under Section-3(1) of U.P. Gangster Act, P.S. Masauli, District-Barabanki.
Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Learned A.G.A. submits that he does not want to file any counter affidavit. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.
Order Date :- 6.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench