KRIPA SHANKAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/946/2025 · 2025-08-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154333 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45650 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 946 of 2025 Applicant :- Kripa Shankar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Surendra Kumar Tiwari,Aakanksha Verma,Suresh Sharma Counsel for Opposite Party :- G.A.,Rahul Singh Rana Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Surendra Kumar Tiwari, the learned counsel for the applicant as well as Sri Diwakar Singh, the learned Additional Government Advocate appearing on behalf of the State and Sri Rahul Singh Rana, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0127 of 2025, under Sections 318(2), 316(2), 338, 336(3), 340(2), 61(2), 352, 351(2) B.N.S., registered at Police Station Krishna Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the opposite party no.2 on 16.03.2025 against five persons including the applicant stating that the opposite party no.2 had purchased a plot of land measuring 1400 square feet from the applicant and co-accused persons Druv Narayn Yadav and Bhupenra and they got a sale deed executed by the co-accused Mahipal. Another plot of land was purchased by the informant's nephew Vishal Jaiswal for a sum of Rs.15,00,000/-, money in respect of which was paid in the bank accounts of
applicant, Dhruv Narayan and Ajay Yadav, but possession of the land could not be delivered to the purchaser. It is mentioned in the F.I.R. that upon making enquiries it transpired that the accused persons have defrauded several other persons and they are accused in several cases. 4. In para 16 of the affidavit filed in support of the application the applicant's involvement in six other cases has been shown and it was stated that he has been charge sheeted in all those cases. Four of the criminal cases in which the applicant is involved relate to the commission of offence under Section 420 I.P.C.
5. On the last date the learned A.G.A. had objected that the applicant has not stated anything regarding whether the applicant has been released on bail in the aforesaid cases or not. 6.
Upon this a supplementary affidavit has been filed on behalf of the applicant merely repeating the averments made in para 16 of the affidavit and stated that the applicant has been charge sheeted in all the six cases. No statement has been made even in the supplementary affidavit as to whether the applicant has been released on bail in those cases or not. In oral submissions the learned counsel for the applicant submitted that the statements made by the applicant on oath in both the affidavits is partially false as in one case the Investigating Officer has submitted closure report. This oral submission made by the
learned counsel for the applicant indicates that the applicant has not disclosed correct facts before this court in the affidavit and supplementary affidavit filed by him.
7. In these circumstances, this court is of the considered view that the aforesaid conduct of the applicant disentitles him to seek discretion of this court by granting him pre-arrest bail. The
anticipatory bail application is accordingly rejected. . (Subhash Vidyarthi, J.)
Order Date :- 6.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench