Allahabad High Court
Dev Kumar Shukla v. State of U.P. thru. Prin. Secy. Home Lko
BAIL/4047/2026
- Decision date
- 2026-06-16
- Text availability
- Full text
- Judges
- Subhash Vidyarthi
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4047 of 2026 Dev Kumar Shukla .....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : D.P. Dutt Tiwari, Umesh Kumar Counsel for Opposite Party(s) : G.A. Court No. - 11 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri D.P. Dutt Tiwari, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. for the State and Shri Kaushal Kumar, Advocate who has filed his vakalatnama on behalf of the complainant, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.30 of 2026 under Sections 69, 316(2), 351(3) of B.N.S. registered at Police Station- Thakurganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.01.2026 alleging that the applicant kept the complainant as his wife for a period of 4 years and he kept on alluring that he would marry her. Later on the complainant came to know that the applicant was already married. The complainant also alleged that during the period of 4 years, the applicant had taken Rs.10 lakhs from her, out of which the applicant has returned Rs.2.5 lakhs. The complainant also stated that she was three months pregnant from the relation with the applicant.
4. In the statement recorded under Section 180 B.N.S.S., the complainant stated that she is aged about 24 years, she possesses a degree of B.Sc. Nursing, she was living with the applicant in one house as the applicant had promised to marry her. After having lived in a relationship for 4 years, she came to know that the applicant is already married. 5. A similar statement was given by the complainant before the Magistrate also. BAIL No. 4047 of 2026 2 6. In the affidavit filed in support of the 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. 7. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 20.04.2026. 8. The learned counsel for the complainant has also opposed the bail application and he has submitted that the applicant has deceived the complainant and has left her after impregnating her.
9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the complainant is a well educated lady who was adult since before inception of her relationship with the applicant and it appears that she has willingly lived with the applicant in a live-in relationship and has lodged the FIR when the relations between the complainant and the applicant turned sour. The monetary transactions made during the period the complainant was living with the applicant in a live-in relationship prima facie does not warrant initiation of criminal proceedings. 10. 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 case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Dev Kumar Shukla be released on bail in the 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. June 16, 2026 -Amit K- (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench