Disposed

Shubh Kumar Alias Shubham Kumar v. State of U.P. and Another

Allahabad HC4 Aug 2025CRLA/238/2025

Case brief

AI extract

What is this about?

Anticipatory bail appeal under Section 14-A(2) of the SC/ST Act against rejection by the Special Judge, Kanpur Nagar, for offences under BNS sections and SC/ST Act provisions. The High Court granted interim anticipatory bail till charge-sheet submission or next listing, imposed standard conditions including passport surrender, and scheduled further proceedings.

What did the court decide?

Interim anticipatory bail granted till charge-sheet submission or next listing; personal bond Rs.25,000 with two sureties each, subject to stated conditions.

Shubh Kumar Alias Shubham Kumar vs State of U.P. and… — Caste Atrocities | Allahabad HC (2025)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 238 of 2025

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Appellant :- Shubh Kumar Alias Shubham Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Ahmad Nawaz Ansari,Salman Ahmad Counsel for Respondent :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

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This criminal appeal under Section 14-A(2) of SC/ST Act is directed against the order dated 10.12.2024 passed by learned Special Judge (SC/ST Act), Kanpur Nagar in Anticipatory Bail Application No. 3845 of 2024 (Subh Kumar @ Shubham Kumar Vs State of UP) arising out of Case Crime No. 165 of 2024, under Sections 191(2), 115(2), 352, 351(3), 121(1), 132, 133, 324 (2), 109 of BNS and Section 7 of Criminal Law Amendment Act read with Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST Act, P.S. Kotwali, District Kanpur Nagar whereby the anticipatory bail application of the applicant has been rejected.

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It is submitted by the learned counsel for the applicant that the applicant himself belongs to SC/ST community, therefore, no offence under Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST Act is made out against the applicant. It is further submitted that the applicant is not named in the FIR and his name disclosed by the injured and other prosecution witnesses during course of investigation. The applicant has apprehension of his arrest by the police any time. Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation made in the FIR against the applicant by the informant.

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Learned A.G.A. opposed the prayer but could not dispute the aforesaid case.

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As an interim protection, till the next date of listing or till the submission of charge sheet, whichever is earlier, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant/applicants shall make himself/herself/themselves available for the interrogation by the police as and when required. The Investigating Officer of the case would give 48 hours prior notice or telephonically inform the concerned accused-applicant to remain available to him/her/them for the purposes of interrogation and the accused-applicants are obliged to abide by such directions.

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(ii) The applicant/applicants shall not directly or indirectly make any inducement, threats or comments to any person acquainted with the facts of the case so as to dissuade him from disclosing the correct facts to the court or to the police officer.

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(iii) The Investigating Officer of the case would make all necessary endeavour to gear up the investigation in utmost transparent and conclude the same in accordance with law.

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(iv) In the event the applicant/applicants is/are having his/her/their passports, he/she/they will have to surrender the same before the concerned SP/SSP of the District till the submission of report u/s 173(2) Cr.P.C.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.

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Learned A.G.A. shall file counter affidavit within two weeks. Rejoinder affidavit, if any, be filed within a week thereafter.

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List this case on 16.09.2025.

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Order Date :- 4.8.2025 RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Shubh Kumar Alias Shubham Kumar v. State of U.P. and Another

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Shubh Kumar Alias Shubham Kumar v. State of U.P. and Another

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