High Court · 2025

1.Heard Sri Vineet Kumar Mishra, learned counsel for applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

2.As per learned counsel for the applicant, the present applicant (Praveen Shukla) is languishing in jail since 20.05.2024 in Case Crime No.261 of 2024, under Sections 147, 148, 149, 302, 354, 323, 504 & 506 I.P.C. and Sections 3(2) (v), 3(2)(va), 3(1) (dha) of SC/ST Act and Section 7/8 of Protection of Children from Sexual Offences Act, Police Station-Bilgram, District- Hardoi.

3.Learned counsel for applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

4.At the very outset, learned counsel for the applicant has drawn attention of this Court towards impugned First Information Report (in short F.I.R.), which was lodged on 14.05.2024 at about 10.46 PM for the alleged incident occurred on 13.05.2024 at about 7.00 PM. In the impugned F.I.R., general allegations of assault and beating have been levelled against seven named accused persons and four un-known persons. The aforesaid general allegations of assault and beating have been levelled against all the accused persons. The present applicant has been falsely implicated only on account of village rivalry. As per the post-mortem report, the deceased sustained eight injuries and out of those injuries, three injuries are on vital part of the deceased. The cause of death of the deceased could not be ascertained therefore, Viscera was preserved for Histopathological examination. Charge-sheet has been filed. The applicant is having criminal history of eleven cases, which have been explained by the applicant in paras-51,52 & 53 of the bail application.

5.Learned counsel for the applicant has shown the copies of bail orders granted by this Court in favour of the co-accused persons, namely, Sharvan Kumar @ Sarvan, Durgesh, Aldeep & Girja Shankar, vide order dated 06.02.2025 passed in Criminal Misc. Bail Application No.10464 of 2024, vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No.10718 of 2024, vide order dated 10.03.2025 passed in Criminal Misc. Bail Application No.11505 of 2024 and vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No.113 of 2025. The aforesaid bail orders are taken on record. The role of the present applicant is absolutely identical with the co-accused persons to whom this Court has granted bail. Therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. He undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of bail order.

6. So far as the ground of parity has been pleaded, learned Additional Government Advocate could not dispute. However, he has submitted that the culpability of the present applicant in the commission of offence along with other co-accused persons has been found, therefore, the present applicant is not entitled to be released on bail, however, the direction may be issued to expedite the trial.

7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicant as general role has been attributed to the present applicant and other accused persons, who have been granted bail; there is unexplained delay in lodging the impugned F.I.R., the applicant has explained the criminal history in paras-51, 52 & 53 of the bail application; the co-accused persons have been granted bail vide orders dated 06.02.205, 20.02.2025, 10.03.2025 & 07.05.2025 (supra) and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case.

8.Accordingly, the instant bail application is allowed.

9.Let the applicant (Praveen Shukla) be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 17.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

1.Heard Sri Vineet Kumar Mishra, learned counsel for applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

2.As per learned counsel for the applicant, the present applicant (Praveen Shukla) is languishing in jail since 20.05.2024 in Case Crime No.261 of 2024, under Sections 147, 148, 149, 302, 354, 323, 504 & 506 I.P.C. and Sections 3(2) (v), 3(2)(va), 3(1) (dha) of SC/ST Act and Section 7/8 of Protection of Children from Sexual Offences Act, Police Station-Bilgram, District- Hardoi.

3.Learned counsel for applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

4.At the very outset, learned counsel for the applicant has drawn attention of this Court towards impugned First Information Report (in short F.I.R.), which was lodged on 14.05.2024 at about 10.46 PM for the alleged incident occurred on 13.05.2024 at about 7.00 PM. In the impugned F.I.R., general allegations of assault and beating have been levelled against seven named accused persons and four un-known persons. The aforesaid general allegations of assault and beating have been levelled against all the accused persons. The present applicant has been falsely implicated only on account of village rivalry. As per the post-mortem report, the deceased sustained eight injuries and out of those injuries, three injuries are on vital part of the deceased. The cause of death of the deceased could not be ascertained therefore, Viscera was preserved for Histopathological examination. Charge-sheet has been filed. The applicant is having criminal history of eleven cases, which have been explained by the applicant in paras-51,52 & 53 of the bail application.

5.Learned counsel for the applicant has shown the copies of bail orders granted by this Court in favour of the co-accused persons, namely, Sharvan Kumar @ Sarvan, Durgesh, Aldeep & Girja Shankar, vide order dated 06.02.2025 passed in Criminal Misc. Bail Application No.10464 of 2024, vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No.10718 of 2024, vide order dated 10.03.2025 passed in Criminal Misc. Bail Application No.11505 of 2024 and vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No.113 of 2025. The aforesaid bail orders are taken on record. The role of the present applicant is absolutely identical with the co-accused persons to whom this Court has granted bail. Therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. He undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of bail order.

6. So far as the ground of parity has been pleaded, learned Additional Government Advocate could not dispute. However, he has submitted that the culpability of the present applicant in the commission of offence along with other co-accused persons has been found, therefore, the present applicant is not entitled to be released on bail, however, the direction may be issued to expedite the trial.

7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicant as general role has been attributed to the present applicant and other accused persons, who have been granted bail; there is unexplained delay in lodging the impugned F.I.R., the applicant has explained the criminal history in paras-51, 52 & 53 of the bail application; the co-accused persons have been granted bail vide orders dated 06.02.205, 20.02.2025, 10.03.2025 & 07.05.2025 (supra) and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case.

8.Accordingly, the instant bail application is allowed.

9.Let the applicant (Praveen Shukla) be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 17.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench