Ankur Shukla @ Ajitesh v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0150 of 2020, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Raebareli. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the case due to ulterior motive. He submits that the applicant is neither vendor nor vendee nor the marginal witness of the sale deed in question. He next submits that on the basis of confessional statement of co-accused persons, the applicant has been applicant in the case, though there is no cogent piece of evidence against him. He next submits that the applicant never taken any amount in lieu of the sale consideration of land in question.

He further submits that he is noway beneficiary of the sale consideration. He added that the applicant has 11 cases criminal history which has been explained in supplementary affidavit stating that in 10 cases he has been enlarged on bail and in one case final report has been submitted. He also submits that the applicant is a law abiding citizen and he is languishing in jail since 17.12.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing cheat and fraud and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that applicant is neither vendor nor vendee nor the marginal witness of the sale deed in question; he is no way the beneficiary of the sale deed; the name of the applicant surfaced on the basis of confessional statements of co-accused persons, though there is no cogent piece of evidence against him; the applicant has been taken by the applicant in lieu of the sale consideration; 13 cases criminal history has been explained and he is languishing in jail since 17.12.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Ankur Shukla @ Ajitesh involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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.

He 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 of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 30.1.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench