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2025 DAILYLAW 63896 (ALL)

DEEPAK KUMAR SHUKLA v. STATE OF U.P. AND 2 OTHERS

NABAIL/4225/2025 · 2025-05-27

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91186 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4225 of 2025 Applicant :- Deepak Kumar Shukla Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and Sri Manish Kumar Pandey, counsel for the informant. Perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.72 of 2025 (State vs. Deepak Kumar Shukla), under sections 419, 420, 467, 468, 471 I.P.C., P.S. Gyanpur, District Bhadohi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant as well as the informant both are claiming rights on the disputed Arazi. The order passed by the prescribed authority on 7.2.2025 has not attained finality. Further, the applicant has already instituted a civil suit in the year 2023 before the court of Additional Civil Judge (Jr. Div.) V, Bhadohi numbered as Civil Suit No. 1491 of 2023 (Deepak Kumar vs. Tikeshvar Nath) for restraining the informant from interfering in the possession of the said land. The said suit is still pending consideration before the court concerned. The case is purely civil in nature. The informant has attempted to cloak it with a criminal flavour to harass the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the applicant has already instituted a civil suit in the year 2023 before the court of Additional Civil Judge (Jr. Div.) V, Bhadohi for restraining the informant from interfering in the possession of the said land; the case is purely civil in nature; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Deepak Kumar Shukla, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) 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; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 28.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad