Antim Shukla v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12269 of 2023 Applicant :- Antim Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Dinesh Chandra Tewari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Krishna Kumar Tiwari, the learned counsel for the applicant, Sri Akhilesh Vyas, the learned AGA-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in an FIR bearing Case Crime No. 10 of 2023, under Sections 420, 406, 447, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.01.2023 against four persons, including the applicant, alleging that the informant had purchased a plot of land from co-accused Sanjay Singh Singla, through a sale deed dated 12.02.2013 but possession of the land was not delivered.

¶4The applicant has been implicated because he used to work as a Manager in Signla Developers.

¶5The applicant's involvement in 9 other cases has been disclosed in para 10 of the affidavit all of which are of similar nature and the applicant has been granted bail in six cases. One of the co-accused persons Ram Bahadur Singh, who has been described as care taker of the builder, has been granted anticipatory bail by means of an order dated 22.09.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2068 of 2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed in the year 2013 whereas the FIR alleging none delivery of possession has been filed on

04.01.2023; that the applicant is neither proprietor nor other principal position holder in Singla Developers and he was merely an employee of the company and he has been granted bail in six other cases of similar nature, I am of the view that the applicant is entitled to be released on bail in the present case also.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Antim Shukla be released on bail in Case Crime No. 10 of 2023, under Sections 420, 406, 447, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Barabanki on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 16.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench