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2025 DAILYLAW 8525 (ALL)

PUNEET KUMAR SHUKLA v. STATE OF U.P.

BAIL/4459/2025 · 2025-04-15

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56191 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4459 of 2025 Applicant :- Puneet Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed by the learned counsel for the applicant as well as reply filed on behalf of the informant are taken on record. 2.. The instant application has been filed on behalf of the applicant for seeking bail in Case Crime No. 185 of 2024, under sections 406, 420, 467, 468, 471, 506 IPC, Police Station - Gujaini, District - Daksini Commieeionerate, Kanpur Nagar. 3. Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. It is submitted that the applicant has taken money of Rs. 7,00,000/- (Seven Lakhs) from the informant and same has been returned to him. There are no criminal antecedents in the instant case. Therefore, if any dispute lies i.e. in the nature of civil dispute. It is further submitted that there is no previous criminal history of the present applicant and there was some other dispute which has been compromised between the parties, copy of the compromise between complainant and wife of the applicant placed before this Court is taken on record. 4. Learned counsel for the informant has submitted that the dispute between them has already been compromised and he has received Rs. 7,00,000/- from the applicant. Therefore, he is not pressing the instant bail application. 5. It is also submitted by the learned counsel for the applicant that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. He is languishing in jail since 27.10.2024 i.e more than six months. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 6. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but has not contradicted the fact that there is no previous criminal history of the applicant and the dispute between the parties have been settled by compromise which has been appended in the reply of the informant. 7. Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State and perused the material available on record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the supplementary affidavit. It is admitted fact that the applicant has no previous criminal history and the dispute between the wife of the complainant and the applicant has been settled through a compromise deed and counsel for the informant has also filed reply stating that the matter has been compromised. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Puneet Kumar Shukla, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees Fifty thousand 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 the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.4.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad