Jitendra Kumar Shukla Alias Ghanshyam Shukla v. State of U.P. Thru.Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12658 of 2023 Applicant :- Jitendra Kumar Shukla Alias Ghanshyam Shukla Opposite Party :- State Of U.P. Thru.Secy. Home Lko. Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pravin Singh, learned counsel for the applicant, Sri Manish Kumar Pandey, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.81 of 2022, under Sections 419, 420, 406, 506, 467, 468, 471 I.P.C., registered at Police Station Millarea, District Raebareli.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2022 against four persons, including the applicant, in furtherance of an application under Section 156(3) Cr.P.C. alleging that informant's husband is a Sanitation Worker. In January, 2020 co-accused Chand offered the informant's husband to get him Bombay Houses constructed by Raebareli Development Authority upon payment of Rs.80,000/- each, through the applicant, who is Junior Engineer and co-accused Ghanshyam, who is also an employee. The informant and her husband paid Rs.80,000/ for a house in the name of the informant and similar amounts from 11 other persons but allotment letter bearing dates of year 2009-10 turned out to be forged.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has been stated in the supplementary affidavit filed on behalf of the applicant that the complaint's husband Ramesh Kumar Verma is a Sanitation Woker in Social Welfare, Department, Government of U.P. and he had taken money from several persons in the name of getting them houses allotted. The informant has filed the FIR to save her husband.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that prima facie it appears that the informant and her husband were involved in collecting money from several persons for getting them government houses allotted by payment of money illegally; that the informant's husband is employed in Social Welfare Department and the applicant claims that he is not employed in any Government Department and that the applicant has no previous criminal history and he is languishing in jail since

17.7.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Jitendra Kumar Shukla @ Ghanshyam be released on bail in aforementioned case 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. (Subhash Vidyarthi, J.) Order Date :- 1.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench