Vinay Shukla Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 16002 of 2025

Vinay Shukla

.....Applicant(s)

Versus

State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Prem Narayan Singh, Ram Bahadur, Sr. Advocate Counsel for Opposite Party(s) : Anand Tiwari, G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Sri Anil Srivastava, Senior Counsel, assisted by Sri Prem Narayan Singh, learned counsel for the applicant, Sri Vinay Saran, Senior Counsel, assisted by Sri Anand Tiwari, learned counsel for the first informant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vinay Shukla , seeking enlargement on bail in Case Crime No. 107 of 2025, under Sections 305 (a), 317 (2), 111 (4 &5) BNS, Police Station- Panki, District- Kanpur Nagar.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.03.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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Learned counsel for the applicant has next submitted that the applicant is a businessman and also having a registered firm in the name of Sri Shyam Metal for the last several years and the aforesaid firm is engaged in the business of sale and purchase of scrap. The applicant was forcibly taken into custody by the police on 24.03.2025 and has been falsely implicated in the present case due to business rivalry with the applicant.

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BAIL No. 16002 of 2025

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2

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Neither the applicant nor the aforesaid firm has been found to involve in any kind of activities of sale and purchase of any kind of theft items of scrap and at the time of alleged arrest of the applicant only a sum of Rs. 1600/- is said to have been recovered from his possession and except the alleged confessional statement as made in the recovery memo, there is no evidence regarding his involvement in the present case. It is further submitted that initially the case was registered under section 305 (a) BNS but after arrest of the applicant and other accused persons, the case was converted under the aforesaid Sections. It is a case of no evidence and even till date no credible evidence has been collected by the investigating officer with regard to the involvement of the applicant in the present case except the alleged confessional statement of the applicant. No prima facie case is made out against the applicant under the aforesaid sections. There is no direct or indirect evidence against the applicant to show his involvement in the present crime. Hence, bail has been prayed for.

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Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid fact.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Vinay Shukla involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses

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BAIL No. 16002 of 2025

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3

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and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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September 2, 2025

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v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Vinay Shukla v. State of U.P.

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