Allowed

Pran Nath Shukla @ Rakesh Shukla v. State of U.P.

Allahabad HC26 Jul 2018BAIL/27981/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the High Court allowed the applicant to be released on bail upon execution of a personal bond and two sureties, imposing standard conditions regarding witness tampering, sincere cooperation, and abstaining from future criminal activities.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties in the like amount with specific conditions.

Pran Nath Shukla @ Rakesh Shukla Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27981 of 2018

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Applicant :- Pran Nath Shukla @ Rakesh Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Shree Rung Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Pran Nath Shukla @ Rakesh Shukla with a prayer to release him on bail in Case Crime No. 459 of 2014, under Sections 419, 420, 504, 506 and 406 IPC, Police Station Munderawan, District- Basti, during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The argument is that applicant is the Area Manager of Birla Sunlife Insurance Company Ltd., Basti. He has submitted forged receipt and he has returned the amount of receipt by cheque which also bounced. The applicant is languishing in jail since 19.6.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Pran Nath Shukla @ Rakesh

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Shukla involved in the aforesaid 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 that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 26.7.2018 Atul kr. sri.

Pran Nath Shukla @ Rakesh Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pran Nath Shukla @ Rakesh Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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