Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49470 (ALL)

PURENDRA SHUKLA v. STATE OF U.P.

BAIL/15301/2025 · 2025-07-28

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:126864 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15301 of 2025 Applicant :- Purendra Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Chandra,Mamta Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mamta Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 35 of 2025, under Sections 318(4), 319(2), 338, 336(3), 340(2) BNS and Section 66(C). 66(D) of IT Act, Police Station- Manjhanpur, District- Kaushambi, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Applicant has nothing to do with the said offence. Applicant was not named in the FIR and his name has come up later on in the vague statement of one of the employees of the petrol pump who had identified the applicant in the CCTV footage. The said evidence has no evidentiary value in the eyes of law. 5. It is further argued by learned counsel for the applicant that applicant has a criminal history of 19 cases and he has been enlarged on bail in 18 of the cases and one case has been instituted subsequent to the instant case. The copy of the bail orders have been filed as Annexure- 3 to the affidavit accompanying the bail application. The applicant is languishing in jail since 24.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Purendra Shukla, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad