Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148897 (ALL)

AMAN SHUKLA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/768/2025 · 2025-07-01

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37066 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 768 of 2025 Applicant :- Aman Shukla Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Kewal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application has been filed seeking anticipatory bail in case crime No.26/2025, under Sections 191(2), 191(3), 352, 351(3), 333, 288, 324(4), 223(b), 331(6) BNS, P.S. Sriduttganj, District Balrampur. It is alleged in the prosecution case that on 20.03.2025 at about 11:00 pm, the applicant along with co-accused is said to have attacked and injured the informant and his family members and also intimidated them. The allegation of firing has also been levelled. Learned counsel for the applicant submits that applicant has falsely been implicated in this case. The co-accused Prince Shukla and Ziyaul Haque Qazi @ Yushu Qazi who were assigned the similar role have been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 26.06.2025 and 27.05.2025 passed in Criminal Misc. Anticipatory Bail Applications U/S 482 BNSS No.728 of 2025 & 528 of 2025 respectively. Applicant seeks parity with the bail orders of aforesaid co-accused persons. He also submits that the investigation is going on. Applicant has explained the criminal history of eight cases in paragraph 17 of the bail application. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer made by learned counsel for the applicant . Learned counsel for the applicant further undertakes that applicant will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the undertaking given by the applicant that he will cooperate in the investigation as also the bail orders of co- accused Prince Shukla and Ziyaul Haque Qazi @ Yushu Qazi (supra) and he has undertaken to cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, the applicant-Aman Shukla is directed to surrender himself before the arresting officer/investigating officer/S.H.O. concerned within ten days from today. In case of such surrender, the arresting officer/investigating officer/S.H.O. concerned shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application stands allowed. Order Date :- 1.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench