Research › Search › Judgment

Allahabad High Court · body

2019 DIGILAW 1764 (ALL)

Anuj Shukla v. State of U. P.

2019-07-23

AJIT SINGH

body2019
JUDGMENT : Ajit Singh, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This is a bail application on. behalf of the applicant in connection with Case Crime No-. 632 of 2019, under Sections 419, 420, 467, 468 and 471, I.P.C., P.S. Phase-3, District Gautam Buddh Nagar. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case. The present accused is working in a News channel, known as Nation Live which is being run unauthorisedly. Neither applicant is the proprietor nor Director of Nation Live News Channel and he has nothing to do with the alleged crime. All the offences have been committed by the owners of the News Channel. Offence is triable by the Magistrate. He further submitted that the co-accused Anshul Kaushik having similar role, has already been enlarged on bail vide order dated 19.7.2019 passed by this Court in Criminal Misc. Bail Application No. 26004 of 2019. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 9.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Learned A.G.A. has opposed the bail plea. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram v. State of U.P. and others, 2018 (3) SCC 22 : 2018 (1) ACR 741 (SC), but without expressing any opinion on merits, this Court finds it to be a fit case for bail. 6. Accordingly, the bail application stands allowed. 7. Let the applicant Anuj Shukla be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions : (i) The applicant shall not tamper with the prosecution evidence. (ii) The applicant shall not threaten or harass the prosecution witnesses. (iii) The applicant shall appear on the date fixed by the trial court. (iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. (ii) The applicant shall not threaten or harass the prosecution witnesses. (iii) The applicant shall appear on the date fixed by the trial court. (iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the court or to any police officer or tamper with the evidence.