Divyanshu Shukla Vs State of U.P. Thru. Secy. Deptt. Home Lko

Neutral Citation No. - 2025:AHC-LKO:35821

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4563 of 2025

Applicant :- Divyanshu Shukla Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko Counsel for Applicant :- Mahfooz Alam Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.59 of 2025, under Sections 305(a), 317(2), 317(4), 317(5) of B.N.S., Police Station- Gomti Nagar, District- Lucknow.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 27.02.2025. He further submits that the applicant was implicated in several cases of petty offenses and in the present case, recovery of one mobile phone is shown, but the same has not been connected with any crime. He next submits that there is no possibility of tempering of any evidence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that the alleged offense is triable by learned Magistrate.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of

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FIR as well as other relevant documents, it is undisputed that the alleged offense is triable by the Magistrate. Therefore, the applicant is entitled to be released on bail.

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6. The bail application is allowed .

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Let the applicant- Divyanshu Shukla who is involved in aforementioned case crime 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 conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when 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.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section

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82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 18.6.2025 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Divyanshu Shukla v. State of U.P. Thru. Secy. Deptt. Home Lko

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Divyanshu Shukla v. State of U.P. Thru. Secy. Deptt. Home Lko

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