Allowed

Shashi Kant Shukla v. State of U.P.

Allahabad HC4 Jul 2019BAIL/18545/2019

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Shashi Kant Shukla, involved in an examination related prosecution under the U.P. Public Examination Act and IPC. The decision was based on parity with three other co-accused who had already been released on bail by a coordinate bench. The order imposes personal bond conditions and prohibitions on tampering or illegal activities.

What did the court decide?

Release of the applicant on bail by executing a personal bond and furnishing two sureties subject to non-interference with witnesses and attendance at trial.

Shashi Kant Shukla Vs State of U.P. — Service and Employment | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18545 of 2019

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Applicant :- Shashi Kant Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 32 of 2019, under Sections 4, 5, 7, 8 and 10 of U.P. Public Examination (Prevention of Unfair Means) Act, 1988 and Section 409, 419, 420 I.P.C., Police Station-Bansdeeh, District-Ballia and is in jail since 26.02.2019, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused Amarnath Yadav, Jai Narayan Yadav and Akhilesh Chauhan and 2 others have already been enlarged on bail by coordinate Bench of this Court vide orders dated 15.05.2019, 12.04.2019 and 30.04.2019 passed in Criminal Misc. Bail Application Nos. 16281 of 2019, 15167 of 2019 and 16302 of 2019 respectively, copy whereof has been produced by counsel for the applicant. He further submitted that since the role of the applicant is identical to that of coaccused Amarnath Yadav, Jai Narayan Yadav and Akhilesh Chauhan and 2 others who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant, Shashi Kant Shukla be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 32 of 2019, under Sections 4, 5, 7, 8 and 10 of U.P. Public Examination (Prevention of

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Unfair Means) Act, 1988 and Section 409, 419, 420 I.P.C., Police Station-Bansdeeh, District-Ballia with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 4.7.2019

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sweta

Shashi Kant Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shashi Kant 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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