Allahabad High Court
VIJAY SINGH SHAKYA ALIAS BABLU SHAKYAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court allowed the bail application and ordered the release of the accused on bail.
Summary
The High Court considered a bail application filed by Vijay Singh Shakya, who is accused in a case under Sections 420, 467, 468, 461 and 120‑B of the Indian Penal Code. The applicant’s counsel argued that he was falsely implicated, that the FIR was lodged with delay, and that no direct evidence links him to the alleged offences. The State opposed the bail but could not refute the applicant’s claim of lack of independent witnesses and credible evidence. The Court examined the nature of the accusations, the severity of the punishments, and the possibility of tampering with witnesses, concluding that a prima facie case exists but the risk of flight or evidence tampering is minimal. Accordingly, the Court granted bail subject to personal bond, sureties and conditions to prevent intimidation of witnesses and further criminal activity. The bail order was issued on 17 April 2026.
Issues considered
- Whether bail should be granted to the accused under Sections 420, 467, 468, 461 and 120‑B of the IPC given the facts of the case
- Whether there is a prima facie case and a risk of tampering with evidence or flight
Legislation cited
- Indian Penal Code — s. 120-B, 420, 461, 467, 468
Subjects
- bail
- Indian Penal Code
- Section 420
- Section 467
- Section 468
- Section 461
- Section 120-B
- criminal procedure
- evidence tampering
- flight risk
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30572 of 2025
Vijay Singh Shakya Alias Bablu Shakya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhanu Pratap Pal, Ram Babu Singh
Counsel for Opposite Party(s) : Kaushlendra Singh, G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Rejoinder affidavit filed today by learned counsel for the applicant is taken
on record.
Heard learned counsel for the applicant, Sri Vijendra Kumar, learned AGA
for the State-Respondent and perused the record.
This bail application has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 570 of 2024, under Sections 420,
467, 468, 461, 120-B of IPC, Police Station Chhibramau, District Kannauj.
Learned counsel for the applicant argued that the accused-applicant is
innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the FIR has been
registered with some delay of which no satisfactory explanation has been
submitted. He submits that the applicant is not named in the FIR and his
name surfaced during the course of investigation in the confessional
statement of co-accused. He submits that the applicant has neither prepared
any forged document nor he is associated with other co-accused in any
manner. He submits that there is no independent witness of the alleged
incident. He submits that the Investigating Officer could not collect any
credible evidence against the applicant to connect him in the aforesaid crime.
He submits that in the present case, charge-sheet has been filed against the
applicant, as such the applicant is not required for any custodial
interrogation.. He submits that no specific role has been assigned to the
applicant in the present case. The applicant is languishing in jail since
20.04.2025. He submits that the applicant has no criminal antecedent to his
BAIL No. 30572 of 2025
2
credit. He submits that there is no likelihood of his fleeing from course of
justice or tampering with evidence in case of release on bail. Hence, the bail
has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute
the aforesaid fact raised by learned counsel for the applicant.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima-
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vijay Singh Shakya Alias Bablu Shakya,
involved in above mentioned case crime number be released on bail, on his
executing a personal bond and two reliable sureties each, in the like amount
to the satisfaction of the court concerned, subject to the following
conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
April 17, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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