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2025 DAILYLAW 96709 (ALL)

VISHAL SHUKLA v. STATE OF U.P.

BAIL/33023/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33023 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Mr. Ashutosh Mishra, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 63 of 2025, under Sections 137(2), 87 and 351(2) of B.N.S., Police Station- Ghatampur, District Kanpur Nagar. 3. Contention of learned counsel for the applicant submitted that though allegation has been made in the FIR that applicant has enticed away the daughter of the first informant but the victim (daughter of the first informant) in her statement under Section 183 BNSS has clearly stated that she herself left her house and she is in relationship with the applicant. Applicant has been falsely implicated. He also added that the applicant has no criminal history and he is languishing in jail since 18.03.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any Versus Counsel for Applicant(s) : Ashutosh Mishra, Shailendra Kumar Ojha Counsel for Opposite Party(s) : G.A. Vishal Shukla .....Applicant(s) State of U.P. .....Opposite Party(s) opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Vishal Shukla involved in the aforementioned 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, with the following conditions:- i. 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 or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Imtiyaz BAIL No. 33023 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad