Allowed

Sandeep Shukla v. State of U.P.

Allahabad HC4 Apr 2025BAIL/10861/2025

Case brief

AI extract

What is this about?

Bail application under BNS offences including Section 103(1) (murder). Applicant had criminal history including a case under Section 304 IPC but was on bail there and other cases were minor; he was in jail over six months. Parity with co-accused already released on bail was noted; bail was allowed.

What did the court decide?

Applicant Sandeep Shukla to be released on bail on furnishing personal bond and two sureties each in like amount, subject to conditions regarding trial attendance, non-tampering of evidence, and no cr

Sandeep Shukla vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:48145

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10861 of 2025

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Applicant :- Sandeep Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Manoj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed by applicant is taken on record.

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Heard Sri Ankit Srivastava, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 269 of 2024, under Section 190, 191(2), 191(3), 115(2), 352, 324(4), 351(3), 127(2), 103(1) BNS, Police Station- Barsathi, District- Jaunpur during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with 13 others including co-accused Manoj and Pramod Shukla and after considering entire facts of the case in detail, co-accused Manoj and Pramod Shukla have been released on bail by this Court vide orders dated 12.03.2025 and 24.03.2025 passed in Criminal Misc. Bail Application Nos. 8642 of 2025 and 9634 of 2025 respectively and on facts, case of applicant is at par with them.

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He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and out of four cases, however, one case relates to offence under Section 304 IPC but in that case, he is on bail and remaining three cases relate to minor offences.

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He further submitted that applicant is in jail in the present matter since 29.09.2024 i.e. for last more than six months.

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Per contra, learned AGA however, opposed the prayer for bail

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but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant and others committed the murder of the deceased but similarly placed co-accused Manoj and Pramod Shukla have already been released on bail by this Court.

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Further, however, apart from the present case, applicant is having criminal history of four other cases including a case under Section 304 IPC but in that case, he is on bail and remaining three cases relate to minor offences.

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Further, law is settled, ordinarily, bail application of an accused should not be dismissed, if otherwise, case of bail is made out merely on the ground of his criminal history.

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Further, applicant is in jail in the present matter since 29.09.2024 i.e. for last more than six months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sandeep Shukla be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this

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Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 4.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Sandeep Shukla v. State of U.P.

Case brief

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Sandeep Shukla v. State of U.P.

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