Karuna Sindhu Shukla v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13442 of 2023 Applicant :- Karuna Sindhu Shukla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Gopal Krishna Dixit,Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gopal Krishna Dixit, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA-I for the State, Sri Vinod Kumar Singh, the learned counsel for the informant and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 79 of 2023, under Sections 147/ 323/ 307/34, 325, 504, 506 IPC, Police Station Baba Bazar, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 17.06.2023 against six persons, including the applicant, stating that all the accused persons were beating one Anant Ram Shukla and when Mohit Shukla and Atma Ram Shukla tried to save him, the applicant and his daughter-Saloni fired at him with a country made pistol.

¶4Atma Ram Shukla and Mohit Shukla have received gun shot injuries in the incident and Anant Ram Shukla is said to have suffered head injury. However, the documents relating to treatment of Anant Ram Shukla at KGMU, Lucknow do not make mention of head injury.

¶5An FIR bearing Case Crime No. 82 of 2023 was lodged regarding the same incident from the side of the applicant also against four persons, including all the three injured persons, stating that they had assaulted Ishu and Soni and when the applicant tried to save them, he was also beaten up. Applicant's involvement in another case has been disclosed in para 38 of the affidavit, which case stands closed on the basis of compromise.

¶6In the statement of co-accused Saloni, she stated that she had tried to save her father (the applicant) and had fired a shot in the process. The applicant had suffered numerous injuries in the incident, as appears from his medico legal examination report. Two other persons from the applicant's side have received injuries in the incident. 7 Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant and two other persons from the applicant's side, have received numerous injuries in the incident; that the allegation of firing gun shot has been levelled the applicant's daughter-Saloni and there is no specific role assigned to the applicant and all the co-accused persons have been granted bail, I am of the view that the applicant is entitled to be released on bail in the instant case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Karuna Sindhu Shukla be released on bail in Case Crime No. 79 of 2023, under Sections 147/ 323/ 307/34 IPC, Police Station Baba Bazar, District Faizabad/Ayodhya 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 :- 9.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench