Allahabad High Court
SHANKAR SINGH LODHI @ SHANKAR DADAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court allowed the bail application, granting bail to the accused pending trial.
Summary
Shankar Singh Lodhi applied for bail in a criminal case (Crime No. 224 of 2026) alleging offences under Sections 308(5), 352 and 351(2) of the Indian Penal Code, where the prosecution alleged he snatched Rs.10,000 and threatened to extort Rs.10 lakh. The applicant contended that he was falsely implicated, that there were no eye‑witnesses, and that his past cases mostly ended in acquittal or bail. The State opposed bail, emphasizing the seriousness of the alleged offences. The High Court examined the nature of the offences, the evidence presented, and the applicant’s criminal history, and concluded that bail could be granted without prejudice to the merits of the trial. Accordingly, the court ordered the applicant’s release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses, and refraining from criminal activity. The court clarified that its observations were limited to the bail application and would not affect the trial’s substantive issues.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged robbery, extortion and threats under Sections 308(5), 352 and 351(2) IPC.
Legislation cited
- Indian Penal Code — s. 308(5), 351(2), 352
Subjects
- bail
- Indian Penal Code
- Section 308
- Section 352
- Section 351
- criminal procedure
- Allahabad High Court
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22808 of 2026
Shankar Singh Lodhi @ Shankar Dada
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaytri Rajput, Indra Pal Singh Rajpoot
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 224 of 2026, under Sections 308(5), 352, 351(2)
BNS, Police Station Kotwali Orai, District Jalaun, during the pendency of
trial.
It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case due to ulterior
motive. As per prosecution version, the informant lodged the subject FIR
against the applicant with the allegation that on the date of incident, when
informant was parking his vehicle out of house, the applicant came and
stopped to park vehicle and started abusing and snatched Rs. 10,000/-
from his pocket and also threatened and demanded to Rs. 10 Lacs and
also threatened that if informant does not pay Rs. 10 lacs, he will kill the
informant. Criminal history of the applicant has duly been explained in
para '14' of the bail application. It is submitted that applicant is innocent,
he has neither snatched Rs. 10,000/- from the informant. There is no any
eye witness or independent witness of the alleged incident. It is submitted
that whose cases have been shown against the applicant, in almost case,
the applicant has been acquitted or granted bail. The applicant is
languishing in jail since 24.4.2026 and in case he is released on bail, he
will not misuse the liberty of bail.
BAIL No. 22808 of 2026
2
Per contra, learned AGA, however, opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.
Let applicant-Shankar Singh Lodhi @ Shankar Dada be released on
bail in the aforesaid case on 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 appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
In case of breach of any of the above condition, the prosecution will be at
liberty to move an application before this Court for cancellation of the
bail of the applicant.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 8, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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