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2025 DAILYLAW 145975 (ALL)

SHOBHIT KASHYAP @ ANURAG KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/5273/2025 · 2025-06-19

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35927 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5273 of 2025 Applicant :- Shobhit Kashyap @ Anurag Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Syed Mohammad Abuzar Zaidi,Atul Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.169 of 2025, under Sections 191(2), 121(1), 132, 308(7), 221, 224, 352 B.N.S., Police Station- Sarojini Nagar, District- Lucknow. 3. Learned counsel for the applicant submits that the applicant, who is a practicing advocate, is an innocent person, he has been falsely implicated in the present case and he is in jail since 13.05.2025. Shivam Rawat and Mamta Rawat went to police station for lodging a complaint against illegal refilling of LPG gas in cylinders, but when the complaint was not lodged, they request the applicant to join their company and the applicant went to the police station on 13.05.2025. It is further submitted that prior to 13.05.2025, one complaint was given by the applicant to the Bar Association that Sub Inspector of the area in question has given threat for implicating him in some cases. Thereafter, when the applicant reached at the police station, he was immediately taken into custody on the basis of concocted facts that he was using hooter in the vehicle and when objection was raised, he started doing skirmish with police officials. However, no such incident was taken place. It is lastly submitted that the applicant is in jail since 13.05.2025 and as investigation is still going on, he may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. A photocopy of the letter dated 24.04.2025 along with report of Sub Inspector- Ankit Kumar Baliyan, Police Station- Sarojini Nagar, District- Lucknow is placed before this Court by learned counsel for the applicant, which is taken on record. It is mentioned in the aforesaid report that the applicant had made complaint against public servant without any evidence. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the applicant misused his position and also misbehaved with police officials. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR, the information given by Information Officer, Commissionerate Lucknow vide letter dated 24.04.2025 as well as other relevant documents, this Court is of the view that the applicant is entitled to be released on bail. 7. The bail application is allowed. 8. Let the applicant- Shobhit Kashyap @ Anurag Kashyap who is involved in aforementioned case 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. may be issued and if 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 209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench