ATUL SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7122/2025 · 2025-08-01
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155151 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155151 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44658 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7122 of 2025 Applicant :- Atul Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ratnesh Trivedi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The applicant- Atul Shukla seeks bail in Case Crime No.497/2025, U/S-310(2),317(3), BNS 2023, Police station- Kotwali Sadar, District- Lakhimpur Kheri. It is alleged in the prosecution case that on 13.06.2025 at around 1:00 p.m., while the complainant was on his way to Lakhimpur Kheri for some work, he was intercepted near Kaluapur Puliya by unknown individuals riding a Pulsar motorcycle and a scooty, who looted his purse and mobile phone. The purse contained Rs. 700/- an Aadhar card, and a PAN card.
Learned counsel for the applicant submits that the applicant has been falsely implicated with a recovery of Rs. 500/- shown from him. The charge sheet in the case has already been filed, and the applicant is in custody since 15.06.2025. It is submitted that co-accused Arjit Verma has been granted bail by this Court vide order dated 21.7.2025 in Criminal Misc. bail Application No.6630 of 2025. He seeks parity with the bail order of the said co-accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record and the facts that no test identification parade has been conducted, the charge sheet has been filed, the applicant is in jail since 15.06.2025, claiming parity with the bail order of co-accused Arjit Verma who has already been granted bail by this Court and without entering into merit of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Atul Shukla involved in Case Crime No.497/2025, U/S-310(2),317(3), BNS, Police station- Kotwali Sadar, District- Lakhimpur Kheri, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the 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 174-A IPC (now Section 209 of BNS).
Order Date :- 1.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench