Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170876 (ALL)

BHAVIT SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER

NABAIL/264/2024 · 2025-06-06

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:34888 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 264 of 2024 Applicant :- Bhavit Shukla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Shailendra Misra,Ravindra Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in case crime No.0394/2024, under Section 125 BNS, P.S. Aashiyana, District Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that only allegation against the applicant is that the applicant in a drunken state in front of the Golden Model Beer Shop, he with his licensee gun has done two round fire in the air on a public place. He submits that allegation even if taken as it is, the maximum punishment is six months as there is no injury to anyone. Applicant has already incarcerated maximum sentence provided under the Section. He submits that applicant has been falsely implicated in this case. Applicant has no criminal history. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of above, the bail application is allowed. It is provided that in the event of arrest, the applicant-Bhavit Shukla shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Order Date :- 6.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench