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2025 DAILYLAW 165061 (ALL)

SHUBHAM SHUKLA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NABAIL/86/2024 · 2025-02-27

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11935 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 86 of 2024 Applicant :- Shubham Shukla Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Agnihotri Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 482 BNSS has been filed seeking anticipatory bail in case crime No. 335 of 2024, under sections 419, 420, 467, 468, 471, 506 and 120B of IPC P.S.- Hargaun District -Sitapur. From perusal of the order sheet, it appears that on 25.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 335 of 2024, under sections 419, 420, 467, 468, 471, 506 and 120B of IPC P.S.- Hargaun District -Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the prosecution case, it is alleged that on 15.2.2024 mudra loan of the complainant to the tune of Rs. 7,00,000/- was sanctioned at the time of filing of the Mudra loan form, lot of signature were made by the complainant at the instance of the accused persons. He added that the role of the present applicant is identical to one Sudhanshu Shukla, who has already been enlarged on bail in Criminal Misc. Anticipatory Bail Application under section 438 of Cr.P.C. No. 1917 of 2024. He added that the applicant has no previous criminal history and there is apprehension that police will arrest him thus, submission is that the applicant may be granted anticipatory bail. Learned counsel appearing for the State has opposed the submissions aforesaid and submits that the applicant is found involved in committing offence as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Shubham Shukla shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the week commencing 18.11.2024, as fresh. In the meantime, State counsel shall file counter affidavit." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Shubham Shukla till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself 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 prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 27.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench