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2025 DAILYLAW 163974 (ALL)

ATUL KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/1018/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1018 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Diwakar Pratap Pandey, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in a Complaint Case No. 12939 of 2023, under Sections 363, 323, 504 I.P.C., registered at Police Station Jaisinghpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an application under Section 156(3) Cr.P.C lodged by the opposite party no.2 against the applicant, another named accused persons Rajkumar Tiwari and two unknown persons, stating that the accused person had forcibly taken away the informant's father-in- law and brother of her father-in-law on 27.07.2023 and they detained her for a very long period. On 12.08.2023, she came to know that both of them have been detained in the house of other named accused person Rajkumar Tiwari and after returning home, they told that the accused persons made them enter into a compromise in a pending civil dispute. 4. n the affidavit filed in support of the anticipatory bail application, Versus Counsel for Applicant(s) : Diwakar Pratap Pandey Counsel for Opposite Party(s) : G.A. Atul Kumar Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in para 30 of the affidavit, in which he has been granted bail. 5. The learned counsel for the applicant has submitted that the complainant has already filed an appeal against the compromise order referred to in the application under Section 156(3)Cr.P.C. 6. The learned A.G.A. has opposed the anticipatory bail application but he could not dispute the aforesaid facts of the matter. 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Atul Kumar Shukla before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the ABAIL No. 1018 of 2025 2 prosecution witness. September 17, 2025 Preeti ABAIL No. 1018 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench