Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33706 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.39 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2) B.N.S. and 66D of I.T. Act, Police Station Cyber Crime, District Basti, during the pendency of trial.
4. Learned counsel for the applicant has argued that the instant case is a clear-cut case of false implication. There is no recovery of any amount from the applicant. Not a single penny has been transferred to the account of the applicant, rather it has been siphoned off to the account of one Sunita Jaiswal.
5. Learned counsel for the applicant has further argued that in all three cases were foisted on the applicant at a go and he has been enlarged on bail in other two cases. The applicant is languishing in jail since 01.08.2025 and he is ready to cooperate with trial. 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. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without Versus Counsel for Applicant(s) : Rakesh Pathak Counsel for Opposite Party(s) : G.A. Sushil Kumar Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Sushil Kumar 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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. October 6, 2025 (Ravi Kant) BAIL No. 33706 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad