Ayush Shukla Alias Rishab Shukla vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Ayush Shukla Alias Rishab Shukla vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Ayush Shukla alias Rishab Shukla to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions: (1) not tamper with evidence; (2) not indulge in any criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in the trial; (4) appear regularly on each date fixed by the trial court unless exempted through counsel. On breach of any condition, the court below is at liberty to proceed to cancel his bail.

Issue for consideration

Whether the accused-applicant Ayush Shukla alias Rishab Shukla, in custody since 28.08.2025 in Case Crime No. 652 of 2025 (Sections 318(4), 338, 336(3) of B.N.S and Section 66-D of I.T Act, P.S. Kotwali Kannauj, District Kannauj), should be enlarged on bail.

Court's answer

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

Ratio / Principle

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidation of prosecution witnesses, cooperation in trial, regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.

Detailed headnote1 paragraphs

Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 moved by Ayush Shukla alias Rishab Shukla, accused in Case Crime No. 652 of 2025 under Sections 318(4), 338, 336(3) of B.N.S and Section 66-D of I.T Act, Police Station Kotwali Kannauj, District Kannauj; applicant in jail since 28.08.2025 and without criminal antecedents; similarly circumstanced co-accused Sandeep Gupta and Kayam Ali already enlarged on bail by this Court on 09.10.2025 and 14.10.2025 in Criminal Misc. Bail Application Nos. 34808 of 2025 and 34172 of 2025, a fact not disputed by the learned A.G.A. Held, considering the nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on merits, a case for bail was made out. Application allowed: release on personal bond and two reliable sureties each, subject to conditions against tampering with evidence, criminal activity, intimidation of witnesses, with an undertaking of regular trial attendance; breach entitles the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35113 of 2025

Ayush Shukla Alias Rishab Shukla

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Rakesh Pathak
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Learned A.G.A has filed counter affidavit on behalf of State today in Court, which is taken on record.

Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Yaguvalk Pandey, learned A.G.A for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 652 of 2025, under Sections 318 (4), 338, 336(3) of B.N.S, Section 66-D of I.T Act, Police Station- Kotwali Kannauj, District Kannauj.

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 28.08.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Sandeep Gupta and Kayam Ali have already been enlarged on bail by this Court on 09.10.2025 and 14.10.2025, in Criminal Misc. Bail Application Nos. 34808 of 2025 & 34172 of 2025 respectively. 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. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

Considering all above facts and circumstances, the nature of accusations,

BAIL No. 35113 of 2025

2

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.

Accordingly, the bail application is allowed.

Let the accused-applicant, Ayush Shukla alias Rishab 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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.

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

November 4, 2025 Vinod.

(Ashutosh Srivastava, J.)

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