Shiven Malaviya v. State of U.P. Thru. Prin. Secy. Home and Another
Anticipatory bail – S.438 Cr.P.C./S.482 BNSS
Case brief
What is this about?
Anticipatory bail allowed — Shiven Malaviya v. State of U.P., CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 123 of 2025, Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J., order dated 31.1.2025, Neutral Citation 2025:AHC-LKO:6947. Keywords: Section 438 Cr.P.C.; Section 482 BNSS; Sections 420, 467, 468, 471 IPC; cheating and forgery; FIR on S.156(3) Cr.P.C. application dated 24.03.2023; P.S. Krishnanagar, Lucknow; property dispute civil in nature pending since 2015; parity with co-accused Om Prakash Sharma granted interim bail on 12.07.2023 in A.B.A. No. 1557/2023; release on interim bail on personal bond and two sureties; conditions of bail (cooperation with investigation, no witness tampering, no leaving India without permission, attendance before trial court).
What did the court decide?
Interim anticipatory bail granted to the applicant Shiven Malaviya in Case Crime No. 0121 of 2023, on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to conditions set out in ¶¶15-23 (appearance as required by the investigating officer, no tampering with evidence or influencing witnesses, no leaving India without prior permission of the court, presence before the trial court on each fixed date unless exempted, no pressure on prosecution witnesses, and cooperation in expeditious disposal without misuse of liberty).