Allowed

Jaiteenjaya Kumar Shukla v. State of U.P.

Allahabad HC2 Aug 2022BAIL/12101/2022

Case brief

AI extract

What is this about?

This High Court criminal miscellaneous bail application allowed the release of the applicant on bail in a cheating and criminal breach of trust case. The court held that despite prior criminal history, the applicant made out a case for bail based on recent Supreme Court directives and his new implication in the trial.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties, each in an amount satisfactory to the concerned court, subject to specific conditions regarding conduct and trial atte

Jaiteenjaya Kumar Shukla Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12101 of 2022

¶3

Applicant :- Jaitunjaya Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Giri,Narendra Kumar Pathak Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A.

¶6

Learned counsel for the applicant is permitted to correct the name of the applicant during the course of the day.

¶7

The instant bail application has been filed on behalf of the applicant, Jaitunjaya Kumar Shukla with a prayer to release him on bail in Case Crime No. 753 of 2021, under Sections 406,420,34 IPC Police Station Sector-58, District- G.B. Nagar, during pendency of trial.

¶8

There is allegation of cheating and criminal breach of trust against the named accused persons in the First Information Report.Learned counsel for the applicant has submitted that violation of rent agreement regarding car hiring and theft of car is alleged. Applicant was not named in the First Information Report.His name has surfaced in the statement of co-accused, Malika Kole.Applicant has been falsely implicated in this case being employee of the co-accused.He is in jail since 25.10.2021 and has criminal history of one case to his credit.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

¶10

Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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 recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant 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

¶12

conditions. Further, before issuing the release order, the sureties be verified.

¶13

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

¶14

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

¶15

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

¶16

That 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 ofÏcer;

¶17

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶18

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶19

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

¶20

Order Date :- 2.8.2022

¶21

Atul kr. sri.

¶22

Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.02 18:31:09 IST Reason: Location: High Court of Judicature at Allahabad

Jaiteenjaya Kumar Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jaiteenjaya Kumar Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rahish Vs State of Up.

Naeem @ Nanhae @ Danna Vs State of U.P.

Savez Vs State of U.P.

Raja Vs State of U.P.

Subham @ Shivam Teotia Vs State of U.P. and 3 Others

Brijesh Vs Union of India