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2025 DAILYLAW 176262 (ALL)

HRISHIKESH SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/11090/2025 · 2025-11-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11090 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Allegation in the prosecution case is that the accused-applicant, in collusion with the co-accused, prepared a forged identity card of the Jal Jeevan Mission Department and, by posing as an officer of the Jal Jeevan Vibhag, collected a sum of Rs.1,80,000/- in cash from the complainant on the pretext of providing employment in the department. It is further alleged that the other co-accused received advance payments in accounts belonging to different persons. Learned counsel for the applicant submits that there is no allegation in the prosecution case that any amount was deposited into the applicant’s bank account. It is further contended that the alleged forged ID was not sent by the applicant to the complainant. The offences are triable by a Magistrate. It is also argued that the offence under Section 467 IPC is not attracted, as an identity card does not constitute a valuable security. The applicant has no criminal antecedents, and the charge sheet has already been filed. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kirtiman Singh Sengar, Abhishek Mishra, Aniket Tripathi, Samanvya Dhar Dwivedi Counsel for Opposite Party(s) : G.A. Hrishikesh Shukla .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the charge sheet has been submitted, the applicant has no criminal antecedents, the offences are triable by a Magistrate, and he is in custody since 24.06.2025, I am of the view that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Hrishikesh Shukla involved in Case Crime No. 082/2024, Sections-406/419/420/467/468/471 I.P.C, Police Station - Kotwali Nagar District Balrampur, 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 82 Cr.P.C. (now Section BAIL No. 11090 of 2025 2 84 BNSS) 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 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 15, 2025 R.C. BAIL No. 11090 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench