ABHISHEK SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/2440/2025 · 2025-10-30
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2440 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 0213 of 2023, under Sections 302, 201, 120B, 420, 467, 468, 471, I.P.C., P.S. Chinhat, District Lucknow. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that the daughter-in-law of the informant, aged about 28 years, was going towards the hospital when a vehicle bearing number UP 32 JR 3129 hit her, resulting in her death. The FIR in question was lodged under Section 304A of the Indian Penal Code (IPC). However, subsequently, based on the apprehension expressed by the insurance company, the charge was converted to the offense under Section 302 IPC. In light of the aforesaid, learned counsel for the applicant argues that the applicant has been falsely implicated in the present case as he is neither related to the deceased nor can he claim compensation; thus, there was no motive on the part of the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the material, the ingredients to implicate the applicant for an offense under Section 302 IPC are missing. The applicant has been in custody since November 26, 2024, and he has no criminal history prior to the offense in question, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, Versus Counsel for Applicant(s) : Vikas Pandey, Shiv Pramod Tiwari Counsel for Opposite Party(s) : G.A. Abhishek Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
the application is allowed. 6.
Let the applicant Abhishek Shukla be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 30, 2025 A.Nigam BAIL No. 2440 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench