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2025 DAILYLAW 51214 (ALL)

ANAND SHUKLA v. STATE OF U.P.

BAIL/15562/2025 · 2025-05-07

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75107 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15562 of 2025 Applicant :- Anand Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Manoj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ankit Srivastava, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 269 of 2024, under Section 190, 191(2), 191(3), 115(2), 352, 324(4), 351(3), 127(2), 103(1) BNS, Police Station- Barsathi, District- Jaunpur during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with 13 others including co-accused Manoj and Pramod Shukla and after considering entire facts of the case in detail, co-accused Manoj and Pramod Shukla have been released on bail by this Court vide orders dated 12.03.2025 and 24.03.2025 passed in Criminal Misc. Bail Application Nos. 8642 of 2025 and 9634 of 2025 respectively and on facts, case of applicant is at par with them. 4. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and all the four cases relate to minor offences. 5. He further submitted that applicant is in jail in the present matter since 27.03.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant and others committed the murder of the deceased but similarly placed co-accused Manoj and Pramod Shukla have already been released on bail by this Court. 9. Further, however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and all the four cases relate to minor offences. 10. Further, law is settled, ordinarily, bail application of an accused should not be dismissed merely on the ground of his criminal history, if otherwise, case of bail is made out . 11. Further, applicant is in jail in the present matter since 27.03.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Anand 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. 15. 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. 16. 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad