Gautam Shukla Vs State of U.P. Thru. Prin. Secy. Home Lko.

The present application has been filed seeking bail in Case Crime No. 110 of 2025, under Sections 305(a), 331(4), 317(2) and 112(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Vikas Nagar, District Lucknow.

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Counter affidavit filed today is taken on record.

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Learned counsel for the applicant submits that co-accused, Rajat Mishra has been granted bail by this Court vide order dated 07.11.2025 passed in Criminal Misc. Bail Application No.10734 of 2025. He further submits that case of the applicant is at par with the co-accused. He further submits that there is criminal history of 52 cases against the applicant, in which accused-applicant has been granted bail and the bail orders have been placed on record. Therefore, the applicant is also entitled to be released on bail on the ground of parity. Applicant is in jail since 04.08.2025.

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Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid submissions of learned counsel for the applicant.

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Considering the over all facts and circumstances of the case, the fact that co-accused having similar role, has been granted bail by this Court,

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BAIL No. 8510 of 2025

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the applicant is entitled to be released on bail.

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Let the applicant, Gautam Shukla be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) 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 in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the 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 IPC (now Section 209 of BNS).

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(Brij Raj Singh,J.)

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December 1, 2025 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Gautam Shukla v. State of U.P. Thru. Prin. Secy. Home Lko.

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