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2025 DAILYLAW 24103 (ALL)

ANISH SHUKLA v. STATE OF U.P.

BAIL/7275/2025 · 2025-03-02

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29144 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7275 of 2025 Applicant :- Anish Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Srivastava,Utkarsh Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sameer Srivastava, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 59 of 2024, under Sections 302, 182, 195, 211, 120B IPC, Police Station Gyanpur, District Bhadohi during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR and during investigation he has been made accused in the present matter through the statement of witnesses Vishal Shukla and Brijesh Shukla along with co-accused Vishal Pandey and after considering the entire facts of the case in detail, co-accused Vishal Pandey has been released on bail and his bail order has been annexed at page-132 of the paper-book and on facts case of applicant is at par with him. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2024 i.e. for last more than eight months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that during investigation applicant has been made accused through the statements of two witnesses along with co-accused Vishal Pandey and co-accused Vishal Pandey has been released on bail by this Court and on facts case of applicant is at par with him. He further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 19.06.2024 i.e. for last more than eight months. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, it is a case, in which, one person died and one person sustained injuries but record also suggests that applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Vishal Pandey and co-accused Vishal Pandey has been released on bail by this Court and on facts case of applicant is at par with him. 8. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2024 i.e. for last more than eight months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Anish Shukla be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 3.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad