BADAL SHUKLA @ JITIN SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
BAIL/10838/2025 · 2025-11-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182630 (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. - 10838 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. In the prosecution case, it is alleged that on 05.07.2025 at about 6:30 p.m., the applicant, along with two unidentified associates, arrived at a petrol pump on a motorcycle and demanded Rs. 10,000/- as extortion, threatening to collect the same amount every month. It is further alleged that one of his associates fired at the complainant with a country-made pistol, but the complainant narrowly escaped. Subsequently, the two associates fled on the motorcycle after issuing threats, while the applicant remained at the spot and was arrested. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. It is contended that no such incident, as alleged in the FIR, ever took place, and no person sustained any injury in the alleged occurrence. The alleged recovery of a country-made pistol and two cartridges from the applicant is false. It is also submitted that there has been no delivery of money or property. The applicant has explained his criminal antecedents involving nine cases in paragraph no. 13 of the bail application. 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. Learned A.G.A. has opposed the bail application; however, he could not dispute the fact that no injury has been reported in the incident. Considering that the charge sheet has been filed, the applicant has explained his criminal antecedents in respect of nine cases, there is no injured person in Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Badal Shukla @ Jitin Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)
the incident, and the applicant is languishing in jail since 06.07.2025, I am of the opinion that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed.
Let the applicant Badal Shukla @ Jitin Shukla involved in Crime No. 187/2025, U/S-109, 308(5), 3(5) Β.N.S. (old section 307, 386, 34 IPC), Police Station-Akhandnagar, District-Sultanpur, 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 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 11, 2025 R.C.
BAIL No. 10838 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench