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2025 DAILYLAW 156733 (ALL)

ABHISHEK SHUKLA @ LITTLE v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/9327/2024 · 2025-07-24

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42654 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9327 of 2024 Applicant :- Abhishek Shukla @ Little Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Prem Prakash Singh,Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. This first bail application has been filed with regard to Case Crime No.191 of 2024, under sections 147, 148, 149, 307, 504, 34 I.P.C. and Section 3/25 Arms Act, P.S. Rajesultanpur, District- Ambedkarnagar. It is alleged in the prosecution case that on 27.6.2024 at about 6.30 p.m., father of the informant was going home from Padumpur Bazar. Near the village approximately 500 metres away from home, all of a sudden 8 persons on five motorcycle(s) came and Radheyshyam, Shivan, Vikas Vishkarma and Prabhakar Tiwari and four unknown persons by hurling abuses attacked his father with an intent to kill by fire arms. His father suffered injuries in the leg. His condition is serious. Learned counsel for the applicant submits that no test identification parade has been conducted by showing photograph of the applicant to the injured. The applicant has been assigned the role of firing. Admittedly, the fire has hit on the thigh of the injured, but the case would not travel beyond Section 324 IPC. No case under Section 307 IPC is made out. It is next submitted that the co-accused Rudra Goswami @ Rahul Goswami has already been granted bail by a coordinate bench of this Court vide order dated 24.4.2025 passed in Criminal Misc. Bail Application No. 3062 of 2025. Another co-accused Rangeela @ Rajat Verma and Shivam Dubey have also been granted bail by this Court. The bail orders are on record as Annexure-9 to the bail application. It is further submitted that the applicant has duly explained the criminal history in para No. 2 of the supplementary affidavit. He is languishing in jail since 29.6.2024. There is no possibility of the applicant of fleeing away after being released on bail 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. has opposed the prayer for bail of the applicant and submitted that a countrymade pistol has been recovered from the applicant. Considering the facts and circumstances of the case, arguments advanced by learned counsel for the parties, the bail orders of the aforesaid co-accused so also the fact that the applicant has duly explained the criminal history; he is languishing in jail since 29.6.2024; no test identification parade has been conducted; the injuries sustained by the injured are on non-vital part and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Abhishek Shukla @ Little involved in aforesaid case crime number 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 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 24.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench